As encounters at the southern border skyrocket and Title 42 expulsions will soon end, many Americans brace for impact as they predict an increase in migrants entering illegally.
These factors have led southern border states to consider alternative tactics to stem the influx of migrants. According to the Texas Tribune, one proposed solution is to declare the border crisis an "invasion," which would result in the ability to use state personnel to deport migrants, however, this tactic may open Texas law enforcement to federal scrutiny.
In October 2021, the Center for Renewing America wrote "There can be no disputing that the influx of well over 1.3 million illegal immigrants this calendar year alone and thousands of pounds of fentanyl and other deadly narcotics, facilitated by the widespread human trafficking efforts of violent international drug cartels, constitutes an invasion of the southern border of the United States." The Center for Renewing America has been in favor of the invasion declaration strategy.
Commentary by the The Wall Street Journal Editorial Board notes that the end of Title 42 expulsions, which rejected 2 million migrants since March 2020, "is an invitation for migrants to keep coming for any reason."
According to a press release by the U.S. Customs and Border Protection (CBP), 159,900 unique individuals were encountered nationwide in March 2022, a 37% increase from February 2022. There were 221,303 total encounters along the southwest land border in March, a 33% increase compared to February.
The CBP notes that total numbers may be misleading, as the increased number of expulsions resulted in higher than normal occurrences of multiple crossing attempts. Of the 221,303 encountered, "28% involved individuals who had at least one prior encounter in the previous 12 months, compared to an average one-year re-encounter rate of 14% for FY2014-2019."
CBP Commissioner Chris Magnus said the CBP continues to remove migrants under Title 8 who weren't processed for Expulsion 42. Title 8 has been the standard removal process that has used "throughout history," he said, per the release.
“While we may likely see an increase in encounters after the CDC’s Title 42 Public Health Order is terminated on May 23, CBP continues to execute this administration’s comprehensive strategy to safely, orderly and humanely manage our borders," Magnus said.