- Reallocate appropriations to eliminate/mitigate additional costs: Ask the Biden Administration to use funds and resources previously used for deterrence, shifting focus to more prompt processing. Additional funds could be allocated from Trump era asylum restrictions, which make it harder for people to seek asylum and necessitate further deterrence resources of the government. The American Immigration Lawyers’ Association (AILA) has provided a good consolidation of the bans and restrictions that still exist, funds for which could be reallocated: AILA Border Processing.
- Consolidate entries that are likely to happen regardless of Title 42: Allow asylum seeking families to enter and process together, thus eliminating the choice to send their children ahead and separate from them during processing and easing the administrative burden on CBP.
- Utilize the resources and systems that already exist to assist in humanitarian treatment:
- Monitor the Biden Administration in terms of quickly moving unaccompanied children and initial applicants for asylum from CBP custody to the Office of Refugee Resettlement (ORR), and then to family sponsors or transitional foster care. This monitoring can be done through committee reports and accurate tracking of children in government custody.
- This would also permit the Administration to better uphold the agreed-upon standards of the Flores settlement, including holding children at licensed facilities (border shelters are not; other shelters such as those opened by nonprofits like Bethany Christian Services are compliant). The Flores settlement also dictates the conditions that are appropriate for children and the type of services that have to be provided, including access to legal counsel and interpretation.
- Make use of parole and the cooperation of Resettlement Agencies to facilitate access for asylum seekers to resources throughout the country, not just at the border, so as not to overwhelm border communities and resources.
- Monitor the Biden Administration in terms of quickly moving unaccompanied children and initial applicants for asylum from CBP custody to the Office of Refugee Resettlement (ORR), and then to family sponsors or transitional foster care. This monitoring can be done through committee reports and accurate tracking of children in government custody.
- Continue to demonstrate a response to constituency concerns:
- When considering your constituency, please note the numerous organizations and their employees who reside in your state and are on record as encouraging the Biden Administration to withdraw from the use of Title 42. See, e.g., Letter to President Biden – February 2021.
Educate the constituency that Title 42 has the opposite of its desired effect—causing more border crossings, and among those who are not asylum seekers. A Guide to Title 42 Expulsions at the Border, American Immigration Council d. 3.29.21.