Juan José stands on the Mexican side of the Rio Grande river, his brown eyes fixed on the long, snaking line just across the water. There, about 200 people wait for entry into the United States, part of a recent influx of asylum seekers headed for the border city of El Paso, Texas.
But the 19-year-old Venezuelan is not among them. For the three days since his arrival, Juan José has been biding his time, waiting to see if a controversial US border policy known as Title 42 will end.
A rarely used section of the US Code dating back to 1944, Title 42 allows the federal government to turn away asylum seekers on the grounds of public health. Former President Donald Trump first invoked the law in March 2020, as the US grappled with the early days of the coronavirus pandemic.
But in the years since, Title 42 has been used to expel millions of asylum seekers at the US-Mexico border, prompting an outcry that it violates their right to due process.
In November, a US District Court judge declared the policy “arbitrary and capricious”, ruling to end Title 42. But the US Supreme Court on Monday has intervened to temporarily block the proposed expiration date, set for December 21. The decision comes in response to a petition from Republican officials in 19 states, who warned of a spike in asylum seekers if Title 42 expired.
The uncertainty over Title 42 has left individuals like Juan José in limbo, unsure of their future. And cities like El Paso continue to brace for an increase in border crossings, with El Paso Mayor Oscar Leeser declaring a state of emergency on Saturday.
As a bitter wind whips his rugged jacket, Juan José stuffs his shaking hands into his pockets and tells his story. It has been exactly two months since he left his home for the US; he did not tell his parents about his plans until he was already in Colombia.
His father was “surprised and sad”, Juan José said, but he understood his son’s desire to earn money to care for his brothers. Besides, what could his father do about it, anyway? “I was already on my journey.”
