Is Ending Trump's Title 42 'a Good Thing'? Jean-Pierre: 'It Was a Court Order' (December 15, 2022)

Title 42, the Trump-era policy that let border agents quickly turn migrants away, was days from ending, and a reporter asked the White House a simple question. “But does the White House think that ending Title 42 –a Trump-era policy — is a good thing?” the reporter asked Press Secretary Karine Jean-Pierre on Dec. 15, 2022 [1].

“What I am telling you is that it was a court order that was — that we are following. And we’re going to follow the law when it comes to what the court has decided to do,” Jean-Pierre answered, according to the official White House transcript [1].

Then she turned on Republicans. “Many Republicans say over and over and over again that we need to do work at the border, that we need to secure the border, but yet they refuse to work with us on this piece of legislation. Instead, what they choose to do is do political stunts. That doesn’t help,” she said [1].

The video above shows the exchange at the Dec. 15, 2022, briefing. Quotes are from the official White House transcripts, the Supreme Court docket and Fox News [1][2][3][4].

”Supportive or Concerned?”

The reporter had started with a broader question. “America is clearly divided about immigration. From the White House perspective, though, should Americans be supportive or concerned with the end of Title 42, which obviously stops most migrants from being able to apply for asylum?” [1]

“What Americans should know is that the President has done — has done the work to deal with what we’re seeing at the border since day one,” Jean-Pierre said. She blamed “the gutted system that was — that has been around for some time but certainly was gutted by the last administration.” [1]

“Really Worried and Anxious”

Earlier, a reporter brought word from the border. “On immigration, we’ve talked to so many Border Patrol agents and leaders who are just really worried and anxious about the possibility of Title 42 ending next week. Big picture, what is the administration doing right now to get ready for that?” [1]

“So, a couple of things that I want to lay out,” Jean-Pierre said. “We’re doing the work. We’re going to do this in a safe and humane way. And we will have more to share on the proposed preparedness next week before the December 21st date. But, look, we also need Congress to act.” [1]

“A Lot of Rumors”

A reporter asked about a tougher asylum rule. “There’s been some reporting out there that the administration is considering changes to the asylum policy, potentially making it so that only someone can — someone only apply for asylum if they’ve already been denied from another country, like Mexico. Is that true?” [1]

“So, look, I know there’s a lot of rumors out there about that, a lot of speculation. I don’t have anything to announce at this time, or from here at this time,” Jean-Pierre said [1].

Five months later, the administration put a tougher asylum rule in place. “If anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry,” Homeland Security Secretary Alejandro Mayorkas said at the White House on May 11, 2023 [4].

”Likely Increase Migration Flows”

Another reporter cited the administration’s own warning. “DHS warned in a memo obtained by CNN this week that the end of Title 42 will, quote, ‘likely increase migration flows immediately into the U.S.’ So I’m wondering how many migrants are you expecting to try and cross into the U.S. through the southern border next week.” [1]

Jean-Pierre pointed to El Paso, “where over the last 72 hours they’ve moved thousands of individuals out of — out of the city.” [1]

“But are you aware of this warning from DHS? And do you have an estimate of how many people you’re expecting will try and cross the border when Title 42 goes away?” the reporter asked. “Look, I don’t have an estimate to share with you,” Jean-Pierre said [1].

”COVID Is Not Over”

The briefing opened with Dr. Ashish Jha, there to talk about “the President’s Winter Preparedness Plan on COVID-19,” as Jean-Pierre put it. A reporter reminded him of something Biden had said. “Back in September, the President publicly said that the pandemic is over. How has that complicated the messaging to keep Americans vigilant facing COVID?” [1]

“Yeah, so I think the President was also very clear that COVID is not over; COVID continues to pose a challenge for us. That is true. COVID is not over,” Jha said [1].

Left at the Convention Center

When Jean-Pierre took over, the first question was about reporters being left behind. A reporter asked about “the apparent radio miscommunication that kept the White House press pool — separated the press pool from President’s motorcade when he returned to the White House today.” [1]

“So, there was no emergency, just to be clear, or a security situation. It appears that there was a radio miscommunication upon — upon departure,” Jean-Pierre said. “And just to reiterate, we also sadly left White House staff as well at the Convention Center.” [1]

By the Numbers

December 21: the date Title 42 was set to end [1].
23,000: border security agents Jean-Pierre cited [1].
72 hours: the period in which she said thousands were moved out of El Paso [1].
302,034: southern border encounters in December 2023, a record [3].

What Happened Next

The Supreme Court stepped in. States led by Arizona asked the Supreme Court to keep Title 42 alive. On Dec. 27, 2022, the Court granted their request. “This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy,” the order said [2].

Title 42 lasted nearly five more months. “Tonight at 11:59 p.m. Eastern Time, the pandemic-era Title 42 public health order will end,” Homeland Security Secretary Alejandro Mayorkas said at the White House on May 11, 2023 [4]. For more from that briefing, see HYGO News’ page on May 11, 2023.

The surge came anyway. “December broke records for migrant encounters at the southern border,” Fox News reported in January 2024 [3].

For Jean-Pierre on Biden’s border record later in 2023, see the page on Aug. 31, 2023.