Our borders are not open, White House warns migrants

1. Officials are bracing for an influx of migrants at the US-Mexico border as the coronavirus restrictions on asylum expire at midnight (local time)
2. The Trump-era policy, Title 42, allowed authorities to swiftly expel migrants in order to slow the spread of coronavirus
3. Up to 13,000 migrants a day are expected to arrive at the US-Mexico border as soon as Title 42 ends
4. When the policy ends, migrants will be screened and only deported if they do not qualify for asylum
5. Immigration is a key issue in the 2024 presidential election - and Biden's decision to remove Title 42 has brought scrutiny

We're ending our live coverage

Marianna Brady

Live reporter

We're ending our live coverage for today.

In just a few hours, at midnight local time, Title 42 will cease to exist.

We will continue to monitor this story over the coming days and months as migrants flock to the US border.

You can catch up with more coverage here:

• Watch: Title 42 border policy explained
• Confusion and fear at US border as law change looms

This live page included reporting from Bernd Debusmann Jr, Angélica Casas, Sam Granville, Sarah Smith, Will Grant, Kayla Epstein, Mike Wendling, and Madeline Halpert and was edited by Marianna Brady and Brandon Livesay.

Republicans pass immigration bill in the House

Getty Images

House Republicans have passed a border bill to restrict immigration to the US - but it has little chance of becoming a law.

President Biden has said he will veto the bill, which has been sharply criticised by many Democratic lawmakers.

Here's a look at some of what's in the package:

• Direct the Biden administration to build more parts of a wall along the US-Mexico border, a policy championed by former President Donald Trump
• Require all migrants seeking asylum to cross the border legally, pay a $50 fee and meet stricter requirements to show they have a significant fear of persecution in their home countries
• Require that those seeking asylum wait in detention facilities or outside the US until their claims are heard, a policy known as "Remain in Mexico"

Democrats criticised the bill for reducing humanitarian protections, specifically the ways making it harder to seek asylum. As we've been reporting, some asylum claims can take years to make it to court.

The vote in the House was 219 to 213, with only two Republicans breaking ranks and voting against it.

El Paso is calm, for now

Bernd Debusmann Jr

Reporting from El Paso, Texas

Drone footage of the border between El Paso and Ciudad Juarez

As the Title 42 deadline looms, I’ve been struck by how normal - even quiet - El Paso is.

I’m not the only one. Texas newspapers have also remarked on the relative calm.

“No Doomsday” blares the headline of the story currently at the top of the Dallas Morning News’ website.

“Migrants on Thursday continued to stream across the Texas-Mexico border,” the story reads. “But the numbers appear manageable," said US Border Patrol agents and El Paso’s city and county leaders.

The El Paso Times is currently leading with a story on this week’s Border Security Expo, which brought together local officials and immigration authorities.

The report includes a subhead that reads “calm after the border crisis” in which Border Patrol Chief Raul Ortiz is quoted as saying that - for now - he believes that “we’re really past the surge”.

El Paso Matters, a local website that has been covering the migrant issue in depth, has several stories on preparations being taken for any influx - with no mention of any problems taking place today.

That isn’t to say that things won’t get worse later - but for now, it’s certainty a feeling of uneasy calm.

Migrating with small children

Angélica Casas

Reporting from El Paso, Texas

Roxana and her husband made the dire decision to leave Venezuela last month because there were no employment opportunities for the parents of three.

Hearing news that Title 42 would soon end compelled them even more.

We met Roxana and her children today at the Rescue Mission, a privately-run shelter housing more than 100 migrants. Her husband had gone out to to look for work this morning and found luck with a construction company.

The family was processed by immigration authorities last week and are waiting to travel to New York, where they will have their day in court next year.

Watch what Roxana told us about her experience immigrating with her children:

Migrant mother tells children: 'We're on a quest to find the treasure'

False information led to an illegal crossing

Bernd Debusmann Jr

Reporting from El Paso, Texas

Among the migrants we met today at Rescue Mission shelter are Esmaily and her boyfriend Jon, both 24 from Venezuela.

Their experiences are typical of many of the migrants I’ve spoken to in El Paso over the last few days. Faced with a lack of economic opportunities and “insecurity”, they set out towards the US three months ago, finally arriving in the US about two weeks ago.

In Mexico, someone told them - falsely - that they’d be immediately deported if they presented themselves to US Customs and Border Patrol. They crossed the border illegally, over the barrier that separates El Paso, Texas and Ciudad Juarez, Mexico.

“We trusted them, and were starting to move into the US. But we were stopped at a roadblock,” Jon said. “The agents told us that was all false.”

From there, border patrol took them to a processing facility to hear their asylum claims. They were separated - but both eventually paroled.

“I got out eight days before him,” Esmaily said. “I didn't know where he was. They took his phone. And he thought I was detained... it was extremely stressful.”

They’ve been given a court date in 2026.

For now, they plan to head to Miami. Unlike many of the migrants, Jon has been here before, having come - legally - for a karate competition in 2011.

“It’s really nice,” he said. “Since then I’ve wanted to come.”

BBC

Troops sent to Mexico's southern border

Will Grant

Reporting from Mexico City

As the hours tick down before Title 42 expires, Mexican President Andrés Manuel Lopez Obrador has been at pains to present a united front with the Biden Administration – not always the case, given his regular criticism of Washington’s immigration policies.

As part of that, he has deployed more National Guard troops to Mexico’s southern border with Guatemala, to control the expected increase in migrants attempting to reach the US once the law changes.

There are already 25,000 military personnel in Mexico’s southern states and President Lopez Obrador said the latest troop deployment had been decided in agreement with the Biden Administration.

Lopez Obrador said the National Guard was under instruction not to use force against the migrants and instead were there to “protect” them, as he put it.

But there have been countless moments of confrontation between migrants and the authorities over the years and tempers could flare again if people who have already travelled thousands of miles to reach Mexico are abruptly turned back.

Lopez Obrador has said he wants to see greater US investment in development and job opportunities in the migrants’ home nations, particularly in Central America, in an effort to disincentivise people from travelling north in the first place.

Few concrete steps have been achieved so far in that arena though the Biden Administration has promised to support the policy in the hope that it becomes the carrot to the stick of deportation once Title 42 is lifted.

BBC

Migrants cross the Suchiate River on the Guatemala-Mexico border on 9 May

Where are all the migrants?

Bernd Debusmann Jr

Reporting from El Paso, Texas

BBC

We're now at the Sacred Heart Church in downtown El Paso, where as many as 2,500 people were camped the last couple of days. There are now probably less than 30 migrants here.

Where the rest of them are isn't entirely clear. Some presented themselves to border patrol as part of an "enforcement operation" conducted earlier this week.

Some will have headed to shelters after being released, while others have been deported. Volunteers working with migrants speculated that many of the men will have gone off to find odd jobs to make a little money before their onward journey.

"We're not really sure," a local volunteer told me. "It's really hard to say."

Around the church, the streets have been largely cleaned up. Frankly, it's a much less chaotic scene than what I found in El Paso in December, the last time Title 42 was due to expire.

It's a confusing situation, and one that - for the moment - doesn't match the alarmed statements from local and federal officials.

Congress has major immigration powers - but can't agree

Kayla Epstein

US reporter

Congress is ultimately responsible for passing new federal immigration laws or changing existing ones. The problem is, Democrats and Republicans have struggled for years to find common ground on immigration legislation.

Broadly speaking, Republicans tend to favour strengthening border security and limiting immigration, while Democrats often push for paths to citizenship, support asylum programs, and advocate for progressive reforms.

If that isn’t complicated enough, even within the parties themselves, lawmakers are constantly debating the best policies to reform America’s immigration system.

As Title 42 is set to expire, House Republicans are weighing a package of immigration bills, but they would have little to no chance of passing with a Democratic-controlled Senate or winning Joe Biden’s signature.

The president does have fairly broad authority over federal immigration rules. Right now, many of the policy changes at the border are currently undertaken through the executive branch – the president and federal agencies.

But these decisions cannot achieve the sweeping kinds of immigration reform that both Democrats and Republicans call for, and a president’s policy will last only as long as his or her administration. For more permanent changes, Congress must act.

Immigrating with no knowledge of Title 42

Angelica Casas

Reporting from El Paso, Texas

BBC

Alexandra, 26, is seven months pregnant but doesn’t know the sex of the baby she’s expecting.

It’s not easy accessing medical care as a Venezuelan migrant journeying through different countries. She also didn’t know what to expect when finally arriving to the United States.

But it’s a trip she felt forced to make, even if it meant leaving her two other children behind.

“A minimum wage in my country was not enough to give them what they need,” she tells me, outside of a church in downtown El Paso where thousands of migrants had gathered in the last few weeks.

Now, though, the surrounding street is nearly empty as many turn themselves in to authorities or continue north until their asylum court date.

Her baby’s sex is not the only thing she’s unaware of.

“I really don’t know much about the laws here.”

Alexandra, whose hazel eyes have seen death and despair on a months-long trek, was perhaps among the last few immigrants to enter the US before the end of Title 42, a policy she says she knows very little about.

She does know one thing, though - despite her pregnancy, she’s determined to work as she waits her day in court.

She makes good arepas, she says, and plans to put up a makeshift stand to sell them once she gets to her final destination in Miami.

BBC

A snapshot of life on the border

Having a useable cell phone is something most of us take for granted.

This picture shows one of the countless issues that make up everyday life for those who are trying to enter the US at the border.

This photo was taken in San Ysidro, California, where aid workers are helping charge cell phones for migrants who are waiting for asylum hearings.

Customs and Border protection have asked migrants to download an app called CBP One to make an appointment with border officials at a port of entry.

Which, of course, requires a charged phone.

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How do you qualify for asylum?

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Let's take a look at what it actually means to seek asylum in the US.

Seeking asylum can be a rigorous and long process, taking months and sometimes years for some.

To be eligible, a person must first meet the definition of a refugee as set out in the Immigration and Naturalization Act.

This means they have fear of persecution in their home country due to their race, religion, nationality, political opinion or social group.

Other factors such as poor economic opportunities, displacement due to natural disasters and wanting to reunite with family are not considered.

Those seeking asylum must also be physically present in the US or seeking to enter the US at a port of entry.

Virus and disease risk in crowded shelters

Bernd Debusmann Jr

Reporting from El Paso, Texas

BBC

We've just been to the Rescue Mission, a privately-run shelter that has the capacity to house about 250 people.

One of the main concerns for staff, at the moment, is health among the migrants.

Many have weakened immune systems from the long journey. Others picked up viruses and diseases along the way, particularly at overcrowded makeshift camps on the Mexican side of the border.

The thought of an infection spreading among the migrants - which include children and pregnant women - is causing them a good deal of stress.

When we arrived, staff were disinfecting cots that have been donated by the Red Cross. It's a difficult situation for the shelter.

They tell me they have absolutely no idea what things will look like after Title 42, although they are preparing for the worst.

They've already opened up an annex to the shelter to get ready.

Scenes from the border

Here's some of the many powerful photographs taken today on the Mexico side of the US border.

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Migrants wade through the Rio Grande to reach the US border.

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Migrant people try to get to the US through the Rio Grande as seen from Matamoros in Mexico.

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In an aerial view, immigrants seeking asylum in the United States wait in line near the border fence to be processed by US Border Patrol agents after crossing into Arizona from Mexico.

The years-long wait for a court date

Bernd Debusmann Jr

Reporting from El Paso, Texas

Reuters

We just spoke to one young woman, a Venezuelan, who is traveling with her three small children and her husband. She has been given a court date next year, in New York.

After being processed by CBP, migrants who are paroled are given court dates to show up in front of an immigration judge.

The outcome of this court date will ultimately dictate whether they can stay in the US.

These appointments can happen all across the country. And the wait times vary considerably.

Others I've spoken to will wait years. I've heard of court dates in 2025 and 2026.

For now, they are free to enter the US and head to their final destination.

But the court date, they tell me, will likely be constantly on their mind.

Back to the border

Brandon Livesay

Live reporter

We're taking our coverage back to the US-Mexico border now, after briefly zooming out for a broader look at the immigration politics of today.

Our team in El Paso have just visited a small shelter and a church where migrants have been camped out. We'll be hearing from Bernd and Angelica shortly, who will be telling us what they've seen.

And we have a couple powerful new photos to share from the Mexico side of the border.

The pictures show the difficult journey thousands of migrants are taking as they try to reach the US.

Is Mexico on board with the end of the policy?

Will Grant

Reporting from Mexico City

President Biden recently said he’d received "overwhelming cooperation" from Mexico in ending Title 42. In reality, the new policy simply can't function without Mexico's support.

Under the new arrangements, Mexico has agreed to accept 30,000 Cuban, Haitian, Nicaraguan and Venezuelan deportees a month from the US – four Latin American nations in the grip of severe economic and political crises.

That’s a tiny fraction of the overall number of deportees under Title 42, which has been used more than 2.5m times to deport people since 2020.

However, Mexico’s agreement on the deportees forms a key part of the Biden Administration's two-pronged immigration approach: more law enforcement at the border and new pathways to legal entry.

Biden’s Mexican counterpart, President Andres Manuel Lopez Obrador, is fully aware of Mexico’s vital role and at times has tried to give the impression of having the Biden Administration over a barrel on an issue likely to feature highly in the 2024 election.

By cooperating on immigration, Obrador has banked important capital with Washington for other issues – from trade to the flow of illegal guns to Mexico.

At this stage, though, neither side can realistically claim to have the upper hand over Title 42, especially given just how many migrants have been abused, assaulted, disappeared and murdered while in Mexico.

White House expects difficulties in weeks ahead

The message is clear. The White House knows the next few weeks will not be pretty.

"It will take time for our approach to gain traction and show results," Mayorkas says.

The secretary says there are not enough resources to handle the surge in migrants.

"I cannot overstate how much of a challenge it's going to be," he says.

"Fundamentally, we need Congress to act."

Biden administration wants more legal pathways for migrants

After warning migrants not to cross into the US illegally, Secretary Mayorkas tells reporters the US is seeking to expand legal pathways for migrants to enter the US.

He notes that the US is also working with countries in the Central American region to "address a regional challenge with regional solutions".

And he adds, "we are doing everything possible to enforce those laws in a safe, orderly and humane way".

He then calls on Congress to pass immigration reform and provide more resources to modernise the US immigration process.

White House issues firm warning to migrants

Mayorkas now is issuing a warning to migrants who are trying to cross the border illegally.

"Our borders are not open," he said. "People who cross our border unlawfully and without a legal basis to remain will be properly processed and removed."

His other messages for migrants crossing illegally:

• For those who do not use legal pathways to enter the US, there will be "tougher consequences"
• Individuals who cross the border illegally will be subject to a five-year ban and can face criminal prosecution if they try to re-enter
• "Do not risk your life and your life savings only to be removed from the United States," he says

This is all happening because Covid emergency ends today

BBC

The Covid-19 national emergency ends today.

That's the reason why Title 42 restrictions are also ending. The policy allowed border officials to expel migrants who cross into the US without the proper paperwork due to health concerns.

Department of Homeland Security Alejandro Mayorkas is walking us through what that means at the White House press briefing.

"If anyone arrives at our southern border after midnight tonight they will be presumed ineligible for asylum and subject to steeper consequences," he says.

He urges patience, and says the White House has been planning for this moment for two years, but it will not be easy.

"Our current situation is the outcome of Congress leaving a broken, outdated immigration system," he says.