Immigrant groups, politicians, and former administration officials told POLITICO that the White House should stick to its guns and better convey its approach to Congress and other border stakeholders. Several people asked Homeland Security Secretary Alejandro Mayorkas to visit the border before of the policy change on May 23 to illustrate the government's coordinated reaction.
According to Kerri Talbot, deputy director of the advocacy organisation Immigration Hub, the White House "certainly will not change its decision on Title 42." "Instead, we would strongly advise them to make their border plan more transparent." There's a huge communication problem here, since they have comprehensive plans but haven't really set them out for Congress."
There were internal White House disagreements on whether the Title 42 power should be terminated. And, in recent days, news from Axios that the administration was considering delaying the May 23 deadline and that officials were concerned about being overwhelmed by a surge of migrants at the border raised doubts about whether it might change course.
If lawmakers are willing, the White House has proposed that they adopt legislation to amend the CDC's jurisdiction over the public health order themselves. However, a judicial order might solve Biden's Catch-22, at least temporarily. A group of Republican-led states sued the administration earlier this month to prevent the termination of Title 42, and a hearing is scheduled for the end of May.