COLUMBIA, S.C. — South Carolina Governor Henry McMaster issued an order to State Law Enforcement Division (SLED) Chief Mark Keel Thursday evening ahead of the end of Title 42, the federal government's pandemic-related asylum rules.
Originally enacted as part of the Public Health Service Act of 1944, Title 42 was put in place in March 2020 at the beginning of the coronavirus pandemic. One of the actions covered by the order allowed officials along the border of the United States to quickly return asylum seekers back over the border on the grounds of preventing the spread of COVID-19. While Title 42 did prevent many from seeking asylum in the states, the order carried no legal consequences.
Title 42 expired at midnight Thursday, May 11.
Many politicians believe with the end of Title 42, migrants will once again begin crossing the borders illegally in large numbers or that immigrants already in custody at the border will be released into the United States.
McMaster's letter to Keel reflects that belief in that the governor asks Keel to "contact the chief law enforcement official for each of our state’s commercial airports and direct them to immediately report any efforts to deplane or transport illegal immigrants at their facilities, along with information identifying the name(s) and vehicle information of those involved in facilitating said transport."
When Title 42 ended, Title 8, the former immigration guidelines, resumed -- with some new restrictions. Some of those new restrictions include:
- Migrants found crossing the border illegally will now face being barred from entering the US for five years and possible criminal prosecution
- Curfews with GPS tracking for families released in the US before initial asylum screenings
While the Biden Administration had planned some quick releases of immigrants already being held at the border with notices to report to an immigration office in 60 days when holding centers reached 125% capacity or when people are held an average of 60 hours and to trigger quick releases when authorities stop 7,000 migrants along the border in a day, those plans have been halted by US District Judge T. Kent Wetherell, a Trump appointee. Wetherell has scheduled a hearing on May 19 on whether to extend his order.
