Border Patrol apprehensions of aliens illegally crossing into the United States between ports of entry have increased, reaching a record 2.2 million in fiscal year 2022, according to a U.S. congressional analysis.

Of those apprehensions, the majority are migrants from Latin America and the Caribbean.

The motivation to migrate among Latin American and Caribbean residents increased during the Covid-2019 pandemic, which delayed migrants’ travel plans, exacerbated pre-existing socioeconomic challenges, and contributed to increased social unrest and repression in some countries.

On May 11, 2023, the federal public health emergency declaration Covid-19 expired.

The Biden Administration therefore terminated Title 42, a public health measure invoked in March 2020 by the Centers for Disease Control and Prevention (CDC) that had allowed U.S. authorities to restrict entry into the United States of foreign nationals lacking «appropriate travel documents.»

The Biden Administration announced foreign policy initiatives aimed at managing regional migration amid a potential post-Title 42 immigration surge.

Now, the U.S. Congress is considering legislation and appropriations that could affect those policies, as well as oversight of existing foreign policy efforts to manage regional migration.

Border Patrol Apprehensions

To combat the spread of Covid-19, CDC issued an order on March 20, 2020, suspending the introduction into the United States of certain persons from countries or locations where the communicable disease exists.

CDC has reevaluated and expanded this entry restriction since March 2020 on several occasions, with the most recent rule continuing the entry restrictions on covered noncitizens issued in August 2021 («August 2021 Order»).

The order issued by the CDC applies to «covered noncitizens,» defined as «persons traveling from Canada or Mexico (regardless of their country of origin) who would otherwise enter an assembly point at a point of entry or Border Patrol station at or near the land and adjacent coastal borders of the United States, subject to certain exceptions.»

In particular, the term «covered noncitizens» includes «noncitizens who do not have proper travel documents, noncitizens whose entry is contrary to law, and noncitizens who are apprehended at or near the border attempting to illegally enter the United States between points of entry.»

The order only applies to «covered noncitizens» who lack authorization to enter the United States and who are found «at or near» the border.

Thus, it does not apply to those found in the interior of the United States.