Political | Process

Biden officials recognize they’re in a jam: moderate Democrats are pounding on them to delay the repeal but doing so would inflame the party’s progressive base.

That includes members of the Congressional Hispanic Caucus, who are scheduled to meet with the president next Monday.

A full reversal of the decision to end Title 42, announced by the Centers for Disease Control and Prevention on April 1, is considered by Biden officials to be far less likely than a delay.

Reversing the decision would effectively force the White House to overrule the CDC.

It used the pandemic as a reason for turning back migrants attempting to enter the U.S., without the chance to seek asylum.

Biden has benefitted from the border restriction but also been reluctant to overrule the CDC throughout the pandemic and is unlikely to start now.

“Title 42 is a public health authority from the CDC and we continue to defer to the CDC on its use and how long it will be in place,” White House spokesperson Vedant Patel told Axios.

“When it is no longer in place, migrants who attempt to enter the country unlawfully will be placed in immigration proceedings. Asylum and other legal migration pathways should remain available to those seeking protection, but those who don’t qualify will be promptly removed to their countries of origin.”

Biden administration officials have been arguing to their Democratic allies that keeping Title 42 allows for less immigration enforcement.

They say that because Title 42 is a rapid expulsion, migrants are free to try to re-enter the U.S. again after being expelled without facing consequences.

Nine Senate Democrats, including Sen. Gary Peters of Michigan, chair of the Democratic Senatorial Campaign Committee, are urging Biden to reconsider his plan to end Title 42, Punchbowl News reported on Tuesday.