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Biden administration cuts Title 42 deal to remove Cubans, Nicaraguans, while aiming to end Trump asylum rule

President Biden’s administration cut a deal to ramp up Title 42 expulsions at the U.S. border even as it plans to end the practice later in May, the Associated Press reported Thursday.

The Biden administration reached a deal with Mexico to expel up to 100 Cubans and 20 Nicaraguans per day from three border facilities, the AP reported. The policy went into effect April 27 and will end May 22, the day before the administration expects to end Title 42.


Biden and other administration officials have faced heavy criticism for their plans to end Title 42, which they acknowledge will lead to a surge in attempts to cross the U.S. border.

DHS Secretary Alejandro Mayorkas testifies during an April 2022 House hearing

Title 42 is a Trump-era COVID-19 rule that allows border officials to expel migrants without allowing them to apply for asylum. Prior to the new deal, the U.S. could only expel Mexicans, Guatemalans, Hondurans and El Salvadorans.

Homeland Security Secretary Alejandro Mayorkas has testified before Congress multiple times in recent weeks regarding how the administration plans to deal with the incoming surge. He raised eyebrows last week when he confirmed discussions about transferring doctors, nurses and other resources from the Department of Veterans Affairs (VA) to assist border efforts.

The Biden administration has repeatedly shrugged off criticism from Republicans that its policies are leading to increased border crossings. While administration officials argue they are handling a seasonal surge in migration, GOP critics point to the size of the surges under Biden, which far surpasses previous years in both 2022 and 2021.

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