According to reporting by The New York Times, citing two sources with knowledge of the plans, the Biden administration is considering reintroducing family detention — detaining illegal migrants with their children.
The controversial Immigration and Customs Enforcement policy had been stopped by the Biden administration shortly after President Joe Biden took office.
When contacted for comment, a Department of Homeland Security spokesperson refused to confirm or deny that Biden was considering restarting the policy.
Instead, the spokesperson explained that “No decisions have been made” about reinstating the policy as the Biden administration was preparing for the lifting of Title 42.
However, the spokesperson emphasized that Biden is “prioritiz[ING] safe, orderly, and humane processing of migrants.”
According to the two sources, the White House and the DHS have been discussing replacing Title 42, which ends on May 11, with the family detention policy.
The policy began in the Obama Era and continued during former President Donald Trump’s time at the White House.
While Title 42, the policy that family detention could replace, emerged as a public health law used by the Trump administration to protect against an influx of Covid-19 cases, Biden extended it in December Amid criticism about his border patrol policies.
Since it came into effect, 2.3 million Migrants have been expelled using Title 42, with lawmakers and DHS officials predicting its end would cause an influx of Migrants.
The Biden administration initially attempted to end Title 42 with an order from the Centers for Disease Control and Prevention but couldn’t after Republica stages sued.