Title 8 is a ‘common-sense approach’: Biden official

WASHINGTON (NewsNation) — A Biden official told NewsNation that Title 8 is a “common-sense” approach to address migrant crossings at the southern border.

“We believe what we’ve put forward is a common-sense approach to dealing with this challenge, within our statutory authorities, that combines incentives and lawful pathways for people to come directly to the U.S. in a safe-orderly manner,” Blas Nunez-Neto, assistant secretary for border and immigration policy at the Department of Homeland Security, said during an appearance on “Elizabeth Vargas Reports.”

Nunez-Neto noted the “stiff consequences” that migrants will face if they cross unlawfully.

Encounters at the border have dropped sharply in the few days since the lifting of Title 42, a pandemic-era policy that allowed for the swift expulsion of immigrants without allowing them to seek asylum. Under Title 8, migrants can once again apply for legal pathways to enter the U.S., but it can also lead to deportation. Unlike Title 42, deportation under Title 8 usually means an individual is banned from entering the U.S. for five years.

The number of migrants encountered at the southern border fell 50% over the weekend compared with the days leading up to the end of a key pandemic-era regulation, U.S. officials said Monday.

“We attribute that reduction in encounters to the new consequences that are in place at the border under Title 8 processing,” Nunez-Neto said.

The ability of U.S. Border Patrol to hold migrants has been a key concern as more migrants came to the border in the days leading up to the end of Title 42. The administration is facing a lawsuit aimed at curtailing its ability to release migrants from custody even when facilities are over capacity.

The Associated Press contributed to this report.