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Two senators are working on legislation that would replace Title 42 for two years once the Trump-era health policy expires next week.
The legislation, co-sponsored by Sens. Kyrsten Sinema (I-Ariz.) and Thom Tillis (R-NC), would still give border authorities the power to expel migrants without first hearing their asylum claims.
However, unlike Title 42 — which allowed summary expulsions to protect public health — Sinema and Tillis’ bill would make exceptions for migrants who have critical medical needs or whose return to their home countries would threaten their life, freedom or expose them to torture, a Sinema aide told Politico.
The measure would require 60 votes to pass the Senate, ensuring it faces an uphill climb in that chamber.
The House is set to hold a vote on its own border legislation next week.
The end of Title 42, set for May 11, is expected to trigger yet another surge of illegal migration across the US-Mexico border. Officials say tens of thousands of migrants are already waiting in Mexico for word that the rule has expired.
Meanwhile, in the 10 days leading up to May 1, an estimated 90,000 migrants crossed the frontier and were either apprehended or escaped detection, according to Border Patrol.
