WASHINGTON, D.C. – U.S. Senators Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Homeland Security Appropriations Subcommittee, Joe Manchin (D-W.Va.), and a bipartisan group of their colleagues introduced the Public Health and Border Security Act today to require all COVID-19 related national states of emergency to be lifted before Title 42 is officially terminated.

The Biden administration has announced its plans to terminate the Title 42 order on May 23, a move Senators Capito and Manchin strongly oppose due to inadequate time for DHS to provide a plan that will prevent further chaos at the border.

“It’s unacceptable that we face yet another potential influx of migrants at our border in a few short months, but I am encouraged that a bipartisan group of senators realize the path this administration is taking is dangerous and untenable,” Ranking Member Capito said. “I have not been overstating the fact that there is a crisis on our southern border, and the policies enacted since literally Day One of the Biden presidency have made the situation worse. Ending Title 42 only adds to those challenges in a way we simply are not prepared to handle. This bill provides direction, something that is desperately needed in light of the administration’s decision to end Title 42.”

“Ensuring our borders are secure must be a top priority for Congress and the Biden Administration. Title 42 has been an important tool in combating the spread of COVID-19 and controlling the influx of migrants at our southern border," Senator Manchin said. “This commonsense, bipartisan bill simply extends Title 42 through the end of the pandemic and requires the Administration to develop a plan for how to handle the anticipated migrant surge once Title 42 is repealed.”

The bill would prevent the administration from ending the Title 42 emergency authority until at least 60 days after ending the COVID-19 national emergency declaration. After the end of the national emergency, the Department of Homeland Security would have 30 days to submit to Congress a plan to address the impacts of the post-Title 42 migrant influx. That plan must be made in coordination with local governments, federal agencies, and non-governmental organizations on the front-lines of the migrant crisis.

The full text of the bill can be found here.

Back in July 2021, Senator Capito warned about the dangers of revoking Title 42, joining a group of Republican senators in urging President Biden to keep the authority in place.

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