Next week, a Trump-era policy authorized by U.S. Code Title 42 will expire. When that happens, a flood of illegal border crossings is expected to threaten the security of all Americans, especially those in Texas.

One border security expert has described Title 42 “the last effective tool” at stopping illegal immigration.

“Title 42” is a reference to a public health order issued by the Trump Administration’s Department of Health and Human Services in March of 2020. The order allows customs officials to send illegal border crossers from “COVID-19 impacted” areas back across the border without having to process them through the federal court system. The order will officially expire on Dec. 21.

On November 15 of this year, Judge Emmet G. Sullivan ruled the order violated the Administrative Procedure Act, effectively putting an end to Title 42, which had been used to expel approximately 40 percent of illegals seized at the border since February of this year. Appointed in 1994 by President Bill Clinton, Judge Sullivan presides over the U.S. District Court for the District of Columbia.

The Biden Administration has been intent on opening the borders since the start of President Biden’s term, despite several governors and attorneys general asserting that doing so would “break” border states and compromise the safety of Americans across the country. Among those who have spoken out are California Gov. Gavin Newsom— and Texas Attorney General Ken Paxton.

Illegal immigration is ramping up ahead of the demise of Title 42, with the El Paso sector of the border seeing over 2,000 illegals crossing the border daily, an increase of 255 percent since October 1.

Chris Russo, the President of Texans for Strong Borders, said that “now, DHS anticipates as many as 18,000 illegal crossings every day.”

“It is reprehensible that an activist judge is forcing the federal government to stop enforcing Title 42 while other pandemic measures remain in place throughout the country,” Russo continued. “Title 42 removals were the last effective tool that U.S. CBP had to remove illegal aliens from the country.”

Russo pointed out that without Title 42, it is likely that the number of illegal aliens entering the country will double immediately, with further increases occurring in the near future as the news begins to spread to narcoterrorist cartels, their NGO allies, and would-be illegal border crossers.

“The Open Borders radicals in the Biden Administration continue to abuse prosecutorial discretion and parole authority while ignoring the suffering of American citizens and human trafficking victims,” Russo explained.

“We should listen to what the open borders activists are saying: the most effective wall was Title 42,” Russo continued. “It is clear that these groups opposed Title 42 because it worked.”

Russo explained that hope is not lost. “If border state governors are willing to place the safety and security of American citizens above the special interests, they can stem the tide of illegal immigration.”

Organizations including Texans for Strong Borders and Center for Renewing America have proposed a plan to protect the borders through American governors declaring an invasion under their authority in the U.S. Constitution. They can then “directly repel and intercept those attempting to cross the border illegally without turning them over to federal authorities,” Russo said.

According to Russo, Gov. Greg Abbott must lead the way in this charge.

“The striking down of Title 42 will result in a worsening of the border crisis the likes of which we have never seen before,” Russo said. “Border state governors like Greg Abbott can and must take unprecedented measures to combat an unprecedented crisis at our southern border.”

Soli Rice

A journalist for Texas Scorecard, Soli is a new Texan with a passion for politics. She's excited to hone her writing skills and help spread truth to Texans.