President-elect Donald Trump's incoming press secretary Karoline Leavitt has suggested that Title 42, a controversial policy used during his first term to expel asylum-seeking migrants, may be reinstated via executive action on his first day in office.
Leavitt made the comments during an appearance on Fox News, where she outlined several immigration measures under consideration, doubling down on the administration's intention to carry out "the largest mass deportation of illegal criminals in American history."
Leavitt started off the interview by outlining the kind of policies that will be favored during the first few days of the second Trump term, as reported by Border Report:
"He will use the power of his pen to deliver on many of the promises he made to the American people on the campaign trail to secure our southern border, to fast-track permits for fracking, for drilling, and to also take executive action to stop some of the transgender insanity that we have seen take over this country"
Upon further questioning by host Maria Bartiromo on what immigration-related executive action Trump plans to take, Leavitt continued:
"Well, securing the southern border, perhaps looking at Title 42. Many of these executive actions are still being considered by our policy teams and also our lawyers"
Title 42 was implemented in 2020 during the COVID-19 pandemic and justified on public health grounds, expiring in May 2023 following the end of the emergency. The policy itself resulted in significant changes to asylum procedures as migrants were expelled to Mexico or their country of origin without the ability to request asylum, bypassing the traditional process of determining whether there was credible fear that could grant them stay in the U.S.
The policy's legacy remains contentious, according to USA Facts. While it contributed to a decrease in new asylum cases, it also highlighted systemic challenges, including a backlog of over half a million pending asylum claims and 51% of all border encounters leading to expulsions. Reinstating the policy would likely rekindle debates about its humanitarian and legal implications as well as its effectiveness in addressing migration at the southern border.
Some analysts, however, are warning about reading too much into what Leavitt or other Trump officials are saying about their upcoming plans on immigration. For example, when reached for comment, director of the UNLV Immigration Clinic Michael Kagan, admitted that he remains skeptical:
"In the first few days and weeks of the new Trump administration I'm expecting to see a whole lot of theater. Announcements, press releases, new policies. Some of it will matter more than others. I think people who are afraid will need to get advice about what if anything is actually changed for them and I think people who would like to defend our immigrant neighbors will need to do the same. This is going to be a four year struggle, not a one week or one month battle, even if the headlines make it seem that way"
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