editorials
The Battle Over Title 42
T itle 42 is a federal health order
that was issued by the Centers for
Disease Control and Prevention during
the Trump administration, which relied
upon the coronavirus pandemic as a
public health reason to stop people
from entering the United States.

Under the rule, migrants appre-
hended at the border can be sent
back to their home countries imme-
diately without being given any
opportunity to request asylum pro-
tections or otherwise to plead spe-
cial circumstances to justify staying
in the U.S. Immigration advocates
have criticized the rule as nothing
more than an effort to shut down the
asylum system. Although President
Joe Biden promised that his admin-
istration would pursue a more com-
passionate approach to immigration
issues, he kept Title 42 in place.

Now, after two successful fed-
eral court challenges to the rule by
immigration advocates last month,
and mounting pressure from top
Democrats in Congress, the Biden
Title 42 presents a good opportunity
for compromise.

administration announced that it
would wind down Title 42 by late May.

That prompted predictable reactions,
with Republicans and some centrist
Democrats expressing concern that
a lifting of Title 42 will create chaos
at the border, increase the number
of migrant asylum seekers and other-
wise further burden a border control
operation that is ill equipped to deal
with the likely migrant surge.

This debate has set the stage for
a political clash over immigration
policy in the run-up to the upcom-
ing mid-term elections. Eleven sen-
ators — six Republicans and five
Democrats — have introduced legis-
lation to require the administration to
develop a detailed plan to deal with
the anticipated migrant surge before
any change can be made to Title
42. They argue that such advance
planning is necessary since even
with Title 42 in place, there were
more than 1.7 million “encounters”
between migrants and authorities at
the U.S.-Mexico border in FY 2021
— a 400% increase from FY 2020 —
and that FY 2022 “encounters” are
projected to be even higher.

All of this comes at a time when
the administration is seeking to
advance a bill for an additional $10
billion in funding for an expanded
U.S. coronavirus response and as we
are experiencing an uptick in new
COVID cases, fueled by the spread
of BA.2 — a subvariant of the omi-
cron variant.

The COVID uptick has prompted the
CDC to extend the federal transporta-
tion mask requirement through May
3 — itself a topic of debate — in order
to give the agency time to assess the
impact of the increase on those at
risk and related health care capacity
issues. According to advocates of the
Title 42 bill, the same concerns that
warrant the maintenance of protective
measures and require increased fund-
ing nationwide should also inform
decisions regarding health concerns,
capacity and other issues relating to
migrants at the border.

Title 42 presents a good opportu-
nity for compromise. While there can
be little argument that a plan for a
likely migrant surge is necessary, it
is also clear that those legitimately
seeking asylum in the U.S. must
have an opportunity to do so. We
call on leadership to come together
in good faith to develop a plan. JE
Interests, Not Friends
T he political adage that there
are no permanent friends, only
interests, rings true in the Middle
East. Saudi Arabia, once the focus of
American hopes, has been frozen out
by the Biden administration.

The kingdom’s abysmal human
rights record, its deadly and destruc-
tive war in Yemen and the mur-
der and decapitation of journalist
Jamal Khashoggi by order of Crown
Prince Mohammed bin Salman,
made friendship with the Gulf nation
hard to justify. And things got worse
after MBS’s much-publicized snub of
President Joe Biden after Russia’s
attack on Ukraine, followed by Saudi
Arabia’s refusal to honor America’s
calls to increase oil production to
help stabilize markets and further
isolate oil-rich Russia.

When the crown prince first rose to
power, there was hope. America was
attracted to the shiny object of an out-
ward-looking, modernizing authori-
tarian leader who seemed to be able
12 Like Israel, the Saudis are concerned
that U.S. reentry into an Iran deal will
not stop Iran’s regional threat.

to get things done. While MBS has
proved to be some of those things,
he has also shown himself to be a dis-
honest, impetuous thug and some-
one we should hesitate to embrace.

So, it was not surprising when last
week 31 Democratic members of
Congress wrote to Secretary of State
Antony Blinken urging that “a recali-
bration of the U.S.-Saudi partnership
is long overdue.” They pointed to the
issues mentioned above, and added
a long list of others.

Coming to Saudi Arabia’s aid was
Israel’s ambassador to Washington,
Michael Herzog. Last week, he urged
the United States to repair its rela-
APRIL 21, 2022 | JEWISHEXPONENT.COM
tions with Riyadh. Herzog’s words of
encouragement came in the context
of negotiations for a nuclear deal with
Iran, which is Saudi Arabia’s chief
adversary in the region. Like Israel,
the Saudis are concerned that U.S.

reentry into an Iran deal will not stop
Iran’s regional threat and are troubled
by incentives that are being discussed
that would provide Iran access to
billions of dollars to bankroll terrorist
activities across the Middle East.

The Saudis were also the hoped-
for jewel in the crown of the Abraham
Accords, which the Saudis say they
support but won’t join until Israel
makes peace with the Palestinians.

Some have also pointed out that
the Saudis aren’t likely to join the
Accords at a time of strained U.S.

relations, since they would be look-
ing for some sweetener from the
United States, similar to that given
every other Arab country that has
made peace with Israel.

In a similar vein of “no friendships,
only interests,” there is Turkey, whose
president, Recep Tayyip Erdogan,
has made another about face regard-
ing Israel. The authoritarian leader
is carrying out a charm offensive
after a decade of hostility and broken
relations with the Jewish state. This
month, Erdogan hosted President
Isaac Herzog in Ankara, and said he
hopes to welcome Prime Minister
Naftali Bennett soon. Erdogan seems
to hope that, through Israel, Turkey
might be able to improve its relation-
ship with the United States.

This is all part of a constantly shift-
ing Middle East where no country
feels secure for very long. JE