Around 12,400 Migrants Are Waiting to See Whether They’ll Be Allowed to Remain in U.S.

U.S. Dept. of Homeland Security Secretary Alejandro Mayorkas visits with a group of Border Patrol agents and CBP employees as he tours the Del Rio Port of Entry in Del Rio, Texas, September 20, 2021. DHS photo by Benjamin Applebaum

Around 12,400 migrants could be allowed to remain in the U.S., Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said during a White House press conference on Friday.

Border officials relied on Title 42, a Trump-era public health order implemented in response to the COVID-19 pandemic, to expel most migrants from the U.S., according to Mayorkas. Migrants who needed immediate medical attention or who feared torture if they were returned to their home country weren’t subject to removal.

“Approximately 12,400 will have cases heard by an immigration judge to make a determination on whether they’ll be removed or permitted to remain in the United States,” Mayorkas said. If someone is not subject to title 42 expulsion for the three reasons that I explained, acute vulnerability, operational capacity limitations, or a convention against torture exception, then the individual is placed in immigration proceedings.

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