Crossing attempts at the southern border of the United States stayed at a two-year low in January, according to the Department of Homeland Security. DHS shared the information with EFE on a Tuesday, noting that several factors contributed to the decline, including changes tied to Title 42 and a controversial health policy affecting migrants from several nations.
By January 31, arrests of people from Haiti, Cuba, and Nicaragua—nationalities affected by Title 42 since October alongside Venezuelans—averaged 95 per day, a drop of roughly 95% from the 1,231 daily arrests previously reported. A DHS official indicated that January marked the lowest level of Border Patrol arrests since February 2021. The official emphasized that the trend reflected a shift in enforcement and policy effects rather than a sudden change in migrant intent.
Critics, including human rights organizations and some members of the Democratic Party, have scrutinized the use of Title 42 under the Biden administration. Yael Schacher, director of America and Europe for the International Rescue Committee, described the situation as a difficult choice for those at the border. People from these four nations faced delays and obstacles in securing asylum appointments through CBP One, often waiting on the Mexico side. Many migrants described the process as urgent and fraught with risk, highlighting the tension between seeking asylum and the dangers of irregular entry.
In late January, a coalition of 80 Democratic lawmakers, led by Senator Robert Menéndez, urged the administration to reverse the deportation policy for migrants from Cuba, Nicaragua, and Haiti who crossed the Mexican border. They argued that Title 42 undermined both national and international law. The Biden administration defended its approach, stating the policy would continue to be applied as directed by the executive branch. The Supreme Court, in December, accepted petitions from nearly twenty Republican-led states and ruled that Title 42 should remain in effect for the time being, shaping ongoing legal and political debate.
Officials also signaled plans to tighten restrictions for irregular border crossings by proposing a five-year ban on entry for those who enter outside the immigration system. They also indicated a broader expansion of asylum access limitations at the border. The policy changes draw on tools inherited from the Trump administration and have been in place since 2020, with data from the International Rescue Committee indicating more than 2.5 million arrests under that framework since its inception. These figures reflect a substantial scale of enforcement and a complex landscape for migrants seeking safety and protection in the United States.