How is Utah preparing for the end of Title 42 border restrictions?

A group of migrants stand next to the border wall in Eagle Pass, Texas, on May 21, 2022. An expected surge in migration at the end of a pandemic-era immigration policy on May 11 is the latest border development that will likely impact Utah.

A group of migrants stand next to the border wall in Eagle Pass, Texas, on May 21, 2022. An expected surge in migration at the end of a pandemic-era immigration policy on May 11 is the latest border development that will likely impact Utah. (Dario Lopez-Mills, The Associated Press)


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SALT LAKE CITY — Utah may be hundreds of miles away from the U.S.-Mexico border, but it is not immune from the politics and policies that govern the border.

An expected surge in migration at the end of a pandemic-era immigration policy on May 11 is the latest border development that will likely have impacts that stretch to Utah. Title 42 allowed the U.S. to expel migrants without processing their asylum claims on grounds of preventing the spread of COVID-19. It resulted in more than 2.6 million expulsions.

On Tuesday, President Joe Biden's administration announced it will temporarily send 1,500 additional troops to help secure the U.S.-Mexico border in preparation for the potential surge in immigration following the expiration of Title 42.

The Department of Homeland Security has estimated that the number of border crossings will double once Title 42 is lifted, according to Natalie El-Deiry, Utah's director of Immigration & New American Integration. State officials do expect to see an increase in migrants coming to Utah but do not have an estimate of how large of an increase may materialize.

"It feels like it would be manageable, but I think one of the challenges is that we just don't have a good assessment on the actual numbers that would move to the interior to states like Utah," she said. "Really, it's determined by individuals at the southern border as they're released, right? They declare where they have a sponsor or where they would choose to go into the interior. We know that people generally have chosen other states with higher populations of certain immigrant communities ... but that's not to say that couldn't change with the lifting of Title 42."

A strain on current resources

There are over 12,000 open asylum cases in Utah that are currently being processed, according to El-Deiry. She said the majority are reuniting with family members, sponsors or faith communities, and that any increase in migrants will likely be seen in Salt Lake, Utah and Weber counties.

"Those are cases over the past several years. It takes several years to adjudicate those cases," she said. "So if they have a credible fear for asylum and they filed for asylum, those are individuals who have kind of set down roots while their cases are being heard. They have work authorization, they're largely getting integrated into the community."

Once migrants are in the U.S., there's little messaging or outreach about how to navigate the legal system, said Utah immigration lawyer Carlos Trujillo. It's usually up to immigration lawyers and nonprofits to educate migrants about the necessary steps to take in their asylum case and what missteps to avoid.

"Sadly, we do not have that many immigration attorneys or law firms that are able to take much more cases," he said. "A lot of that will kind of work itself out. The biggest concern is going to be that a lot of these people do need an appointment or a legal consultation as soon as they come in."

Asylum cases require more legal work up front to file an asylum application — which needs to be filed as soon as possible — and then a few months after once the applicant is eligible to apply for a work permit, and finally once the case is adjudicated. Because of the "roller coaster" nature of asylum cases, Trujillo said it's likely the legal community could be overwhelmed initially by a big increase in asylees.

The state is also working with local Department of Homeland Security officials, nonprofits and other stakeholders to monitor impacts on individual communities and address their needs. The state has focused on helping unsheltered asylees with children so that those who end up in shelters are referred to immigration service providers. El-Deiry estimated that the state has helped a couple hundred unsheltered asylees over the past nine months.

"What we do know is that any surge that we would see definitely puts a strain on local housing, social services and schools," El-Deiry said. "Those resources are pretty limited overall, but there is some capacity to serve those who would require that assistance. ... So we would kind of lean on that system that has already been established, and then monitor closely from there to see if there's additional support or resources that are needed."

Mayra Molina, director of the nonprofit Venezuelan Alliance of Utah, said her organization has been in contact with a number of Venezuelan migrants. Many have had issues applying for immigration appointments through a recently released government app. Those who are able to access the app are often faced with at least a three- to six-month wait for an appointment.

"We know that it's a fact that people and families are starting to travel again in order to be closer to the border so that when Title 42 lifts, they might have a chance to cross the border," Molina said. "Our concern is just the resources that used to be available for housing, which is a main issue, they're not available anymore. ... The concern is just not the people crossing the border; it's just having the resources they need to be able to help them in the right way."

Both Molina and El-Deiry stressed their desire to see Congress and the Biden administration improve pathways for legal citizenship while also securing the border.

"The system is not working," Molina said. "We're all for a resolution or a better system that can help us to make these people come in the right way and do it in the best way possible."

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Sydnee Chapman Gonzalez is a reporter and recent Utah transplant. She works at the Utah Investigative Journalism Project and was previously at KSL.com and the Wenatchee World in Washington. Her reporting has focused on marginalized communities, homelessness and local government. She grew up in Arizona and has lived in various parts of Mexico. During her free time, she enjoys hiking, traveling, rock climbing and embroidery.

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