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Nickel, Golden, and Bipartisan Group Introduce Legislation to Extend Title 42 Immigration Restrictions

Today, U.S. Representatives Wiley Nickel (NC-13), Jared Golden (ME-02), Juan Ciscomani (AZ-06), Don Davis (NC-01), Brian Fitzpatrick (PA-01), David Valadao (CA-22), and Zach Nunn (IA-03) introduced bipartisan legislation to effectively extend Title 42 immigration restrictions while also giving more time to enact meaningful, long-term reforms.

This legislation provides the Biden Administration a two-year temporary expulsion authority for migrants who come to the United States illegally. This authority would be used as a means of addressing the expected surge of migrants at the Southern border with Title 42 set to expire. Senators Thom Tillis (NC) and Kyrsten Sinema (AZ) introduced similar bipartisan legislation in the Senate earlier this month.

“With Title 42 set to expire, the time for decisive action at the southern border is now. While the administration has announced several short-term steps, this is too little too late and Congress must act,“ said Rep. Nickel. “I’m proud to join Rep. Golden and a bipartisan group of members on this important legislation to ensure we can secure the southern border while also giving more time to enact meaningful, long-term reforms to our overburdened immigration system. I’m grateful to Senator Tillis and Senator Sinema for championing this effort in the Senate, and look forward to working with Rep. Golden and my House colleagues to get this across the finish line.”

“The situation at our border is already a dangerous crisis and ending Title 42 without resources and a workable strategy in place will only make it worse,” said Rep. Golden. “This bill arms the Administration with the authority to address this crisis.”

“The expiration of Title 42 has brought greater chaos and uncertainty to our southern border,” said Rep. Ciscomani. “Border communities in my district and other states cannot shoulder the burden of this crisis any longer. While the White House still refuses to act, Congress has stepped up and offered a bipartisan, bicameral solution, which I am proud to support. CBP is underwater, reporting the worst numbers they have ever seen, and this bill will give them the tools they need to do the job we need them to do.”

“With the expiration of Title 42, law enforcement agencies, non-profits, and families are facing an unprecedented strain on resources. I am proud to join a bipartisan, bicameral group of Members of Congress to pass legislation to help guarantee our great country is ready to meet this challenge head-on. While our bill is necessary, it is not a permanent solution to fix our broken immigration system,” said Rep. Davis. “The people of eastern North Carolina are calling on Congress to pass bipartisan immigration reform that includes comprehensive measures to secure our border.”

“Our southern border is currently facing a humanitarian and national security crisis, and the looming expiration of Title 42 will only exacerbate the situation,” said Rep. Fitzpatrick. “In the face of this unprecedented emergency, both Chambers of Congress have proposed a solution that allows our heroic Border Patrol agents to further secure our border and protect our communities. I am proud to join my colleagues on this bipartisan, bicameral legislation and urge the House and Senate to swiftly pass it.”

“We’re seeing a humanitarian and national security crisis at our border, with over 1.3 million known evasions in the last two years and record amounts of fentanyl harming our communities,” said Rep. Valadao. “The Biden administration has failed to secure the border, and the expiration of Title 42 is only going to make this situation more dire. This bipartisan, bicameral bill is necessary to give our border patrol agents the tools and time they need to keep our border secure and communities safe.”

“The situation at the border is already a humanitarian and security nightmare, and it will only get worse with the expiration of Title 42,” said Rep. Nunn. “Working to reform our broken immigration system should not be a partisan issue, which is why it’s so important that this legislation has bipartisan support.  Extending Title 42 is a critical piece of the puzzle to getting the mass influx of illegal crossings under control.”

Title 42 is a provision of the Public Health Service Act of 1944. In March 2020, the Trump Administration invoked Title 42 to prevent the spread of COVID-19, preventing migrants presenting themselves at the border for asylum from remaining in the country while their cases were processed. The Biden Administration had largely continued the Trump Administration’s policy, but announced that it will begin rolling back the policy this month as the Administration ends the COVID-19 Public Health Emergency.


This bill would give the Biden Administration temporary expulsion authority without a tie to public health. The bill exempts migrants from expulsion if they would face persecution or torture because of their membership in a social, political or religious group. Border agents may also exempt other migrants on a case-by-case basis for humanitarian or urgent medical reasons.