Title 42 has expired

Homeland Security Secretary Alejandro Mayorkas said the Biden administration has done everything possible to prepare for the expiration of Title 42 Thursday night and the potential incoming surge of migrants at the US-Mexico border. 

"We have done all we can, with the resources that we have and within the system that we are operating under," he said to reporters during the White House's daily news briefing.  

Asked by CNN's Jeremy Diamond if the administration is expecting chaos at the border — even as they’ve had two years to prepare for the expiration of Title 42 — Mayorkas said "the challenge is and is going to be very difficult, and we have spoken repeatedly about the fact that that difficult may only increase at this time of transition."

"It is going to take a period of time for our approach to actually gain traction and show results, and I’ve been very clear about that," Mayorkas said. 

Mayorkas once again warned of the incoming strain on personnel and border facilities, "but we know how to manage through such strain," adding that that “as difficult as it will be," he has confidence in personnel. 

Mayorkas would not answer how long he believes a migrant surge could last, instead repeating that the administration trusts its approach.

The Biden administration responded for the first time to the latest bus of migrants brought from the Texas border to Vice President Kamala Harris’ residence at the Naval Observatory in Washington, DC — condemning transporting migrants “for political purposes.”

As CNN previously reported, nearly 50 migrants arrived in DC from Texas on Wednesday evening, believed to be part of Gov. Greg Abbott’s effort to transport migrants to Democratic-led cities as an affront to President Joe Biden’s border policies.   

The bus, carrying 47 migrants, arrived on Wednesday at the Naval Observatory. They were met by members from SAMU First Response, a migrant aid group, and taken to a church.

Another bus from Texas arrived Thursday morning.

Abbott has previously sent buses to DC in what the White House has called a “political stunt,” but there had been no arrivals in recent weeks. As border crossings tick up, migrant buses to the nation's capital, as well as other cities, appear to be ramping up again.  

Earlier this week, CNN reported that Florida Gov. Ron DeSantis was also taking steps to once again send migrants to Democratic-led cities as an affront to the Biden administration’s immigration policies, joining other Republican governors who have bussed people north. 

Cities are preparing for a possible surge of migrants after Title 42 lapses today. Here's what we know so far:

El Paso, Texas: As the city prepares, Mayor Oscar Leeser said his bigger concern is the lack of a long-term solution. “I can't see a light at the end of the tunnel,” Leeser said in a Wednesday press conference, adding that federal resources provided so far are only a temporary solution. "We all know that the immigration process is broken and needs to be fixed.”

The mayor said he visited the neighboring city of Juarez, Mexico, earlier in the day Wednesday to get a sense of how many people there may be headed to the US. He said he estimates the number at 5,000 to 10,000. "We are preparing for the unknown because we don't know who's coming, whether it's families, whether it's single adults,” said Leeser.

Brownsville, Texas: "We are as prepared as we can be," Mayor Trey Mendez said in a statement to CNN. While it's unclear whether the lifting of Title 42 would result in higher numbers of migrants, the city "has been on the front lines of this issue for decades," the mayor said.

"We have built a model system that prioritizes efficiency in the processing of migrants, knowing that we are the front door to the rest of the country," Mendez said. 

Some of Biden administration's policies "will help keep the flow to manageable levels," he added

"I believe that Title 8 will provide valuable legal assistance to the men and women on the ground to enforce our laws. We have had great communication with CBP, DHS and Secretary (Alejandro) Mayorkas, and they have been extremely supportive," he said.

Yuma, Arizona: Mayor Douglas Nicholls told CNN Wednesday that his community has unanswered questions. 

“We don’t have a number, we don’t have a duration, we don’t have guaranteed funding from anybody. I really believe this being a federal responsibility, the federal government needed to take the last two years to prepare for this and have neglected to do so. And they need to figure out what they’re going to do to prevent a humanitarian disaster in the middle of my city,” he said. 

“We are working on a staged response depending upon how many people are on the streets, and the conditions as they come through, but they’re definitely fluid and rely upon federal and state funding and resources," he added.

Nicholls said there is some tension and apprehension in the city, which sits close to the US-Mexico border.

The emergency he proclaimed in December 2021 remains in effect, he noted.

Officials have been warning the expiration of Title 42 could attract a surge of migrants and worsen an already challenging humanitarian crisis at the southern border, where communities in recent days have seen makeshift encampments proliferate as border crossings climb.

Issued during the onset of the Covid-19 pandemic, Title 42 allowed authorities to swiftly turn away migrants at the US borders, ostensibly to prevent the spread of the coronavirus. But that will change at 11:59 p.m. ET Thursday, when the public health emergency and Title 42 are set to lapse.

Here's what the border has looked like over the past few days:

See more images in our gallery here.

New York City leaders and community advocates gathered for a rally near city hall Thursday morning to call for more collaborative, long-term solutions to the asylum-seeker crisis in New York City, including finding more permanent solutions to housing, education, and legal services for them. 

New York City Comptroller Brad Lander said more than 99% of the money that the city has spent on the surge in asylum-seekers has been spent on emergency housing, but more resources need to be used on providing legal support with asylum-seeker applications. Such resources also need support from the state and federal governments, Lander said. 

CNN has reached out to NYC Mayor Eric Adams’ office for comment.

Nelcy Garcia of Proyecto Faro, an immigrant advocacy organization based in Rockland County, said Rockland County Executive Ed Day’s attitude toward providing asylum for people fleeing violence has been variable. Rockland County is north of New York City and is party of the New York metro area.

The political leaders of both Rockland County and Orange County — which is also part of the New York metro area — have expressed concern, and even outrage, at Adams’ plan to transport willing migrants to other neighboring New York communities ahead of the expiration of Title 42.

New York City has assisted more than 61,000 migrants over the last year, but with Title 42 lifting Friday, those numbers are supposed to grow significantly, city spokesperson Fabien Levy told CNN Wednesday.  

The Brownsville Police Department, in Texas, has placed its auxiliary forces in uniform in the event they are needed to respond to help US Customs and Border Protection agents with the looming end of Title 42.

"We have our auxiliary forces ready, so our patrol services don't get deployed, and our citizens are provided with the same service," Sandoval said. "Other than that, we are not doing anything different than normal."

Brownsville sits on the southern border.

Denver Mayor Michael Hancock called on the federal government to help communities bracing for an influx of migrants, also announcing the activation of the city’s Emergency Operations Center ahead of the expiration of Title 42 at midnight.

"Denver cannot continue to financially shoulder this burden alone. Our reserves are not bottomless. And if this situation extends for a prolonged period of time, some hard choices are going to have to be made," Hancock said Thursday.

The mayor said in March and April, the city saw 20 to 30 arrivals of migrants per day. On Tuesday, it saw close to 400 arrivals.

"With the upwards of 150,000 migrants reported as being at the border right now and with Title 42 expiring tonight, we anticipate these numbers are only going to increase," Hancock said.

The mayor pushed back against the idea that the city had brought the situation on itself through its policy of welcoming immigrants.

"So we're at a breaking point again, and Washington can’t keep kicking the can down the road while we're stuck in the cycle of emergencies," the mayor continued. "It’s simply not sustainable."

New York City Mayor Eric Adams said it was a difficult decision to sign an executive order suspending portions of the city’s right-to-shelter law, but the impending influx of migrants forced the city's hand.

Citing the part of the law that states every family must have a kitchen and a bathroom, for example, the mayor said “that's just not realistic when you're getting 4,200 people in your city."

He said the city is getting an average of 500 people a day prior to Title 42 being lifted. 

“Our desire is not to put the children and families in dormitory settings. Our desire is to manage a humanitarian crisis,” he continued.

“Our children and families are not sleeping on the streets. We are feeding thousands of people,” he said adding the families are getting laundry service, medical service, mental health support, legal advice and education for children. “What we're doing is unprecedented to any other municipality.”

Where to house people: The mayor said “everything is on the table.”

He recalled learning Sunday that there were no more hotel spaces, and having to open up space in the gym at a former police academy.

Airport hangars are also on the table because they are convertible warehouse space, he said. 

He also floated Floyd Bennett Field — a national park that was NYC’s first municipal airport, and Creedmoor, a state psychiatric facility.

On Texas Gov. Abbott: Adams sought to draw a contrast between himself and Texas Gov. Greg Abbott, as Adams' administration tries to move migrants to upstate New York.

He also said his administration will “challenge all of the legal obstacles that are attempting to be placed in our way.”

Adams' office has repeatedly said the federal government has fallen short in its response to roughly one year of other states busing migrants to New York.

Heavy rain will begin to fall in Texas between Del Rio and Laredo on Friday through the weekend, impacting major points of entry, such as Eagle Pass, which could produce life-threatening flash floods.

"A significant flash flood event could evolve Friday night across portions of south central TX," the Weather Prediction Center warned.

The center has placed a level 3 out of 4 "moderate risk” of flash flooding for this region for Friday. This rainfall event will result in training storms, meaning they will sit over the same area for lengthy periods of time, increasing the likelihood of flash flooding.

The center said areas could see more than six inches of rainfall, with rates of two to three inches per hour.

There’s also a level 3 out of 4 "moderate risk" of flash flooding for Saturday, which includes similar areas along the Mexico-Texas border, including the city of Laredo.

While the greatest threat for flash flooding will be Friday through Saturday, showers and heavy downpours will linger through Monday.

In addition to flood threat, the storms could be severe and bring damaging winds, lightning and hail. 

The Storm Prediction Center has placed portions of the region in a level 2 out of 5 "slight risk" of severe storms on Friday, which includes Del Rio and Laredo.

Hail could be greater than quarter size and even a tornado or two can’t be ruled out with these storms, according to the National Weather Service.