While President Biden has been known to deride his predecessor’s immigration policies as anti-immigrant, xenophobic, and racist, many of his administration’s proposals for dealing with the issue bear strong resemblance to Trump-era strategies. 

President Trump favored the expulsion of asylum seekers at the southern border, and a protocol known as Title 42 was put into place to help enforce that vision. The Biden administration has continued utilizing the protocol, but it is due to be phased out this month even as a record number of migrants is attempting to cross the southern border. 

In what appears to be a page taken out of Mr. Trump’s playbook, the secretary of homeland security, Alejandro Mayorkas, has devised a “Six-Pillar Plan” for the southern border in anticipation of the demise of Title 42, which according to his department is expected to result in increases in migration levels and in smugglers who “take advantage” and profit from migrants.

The proposal includes expelling and barring from seeking asylum adults who illegally cross the border without first applying to get in via any of the lawful paths offered by America. It also mentions the possibility of criminally prosecuting migrants who evade border patrol.

“Attempting to enter the United States without authorization carries potential long-term consequences, including removal from the United States, bars on subsequent admission, and criminal liability,” the proposal says. 

In addition, the Department of Homeland Security is preparing to “maximize” the use of a process under which migrants may be denied entry and removed from the country without having to go through the regular proceedings, known as Expedited Removal. 

During a hearing last month, Mr. Mayorkas told lawmakers that the administration is getting ready to start making “enhanced use” of Title 8, a long-established policy that allows the government to remove anyone who is unable to establish a legal basis for entry, such as asylum seeking.

This year, nearly 1.7 million migrants at the southern border were expelled under Title 8, almost twice as many as in 2021, according to data from American Customs and Border Protection. For comparison, about 1.1 million migrants have been expelled under Title 42 in 2022. 

Title 8 and Title 42 have the same outcome for migrants, a policy analyst with the Migration Policy Institute, Ariel Ruiz Soto, told the Sun. Yet, under Title 8 migrants can be sent back to their countries under Expedited Removal, and the legal consequences can be more serious, as these migrants are not allowed to enter America for five years after being removed.

Last month, a Washington district judge, Emmet Sullivan, struck down the use of Title 42, which was enacted in 2020 as Mr. Trump’s administration worked to stop the spread of Covid. Hours after Judge Sullivan issued the order, the Department of Justice requested a five-week hold on the ruling to give it time to prepare for the transition. The policy is now expected to be removed as of December 21.

While Mr. Biden has criticized Mr. Trump’s border policies as anti-immigrant, he maintained the use of Title 42 under the guise of dealing with a Covid emergency. Since Title 42 was enacted, Border Patrol has expelled 2.4 million migrants attempting to enter the country.

Last month, Mr. Biden agreed with the Mexican president, Andrés Manuel López Obrador, that the tens of thousands of Venezuelans arriving at the southern border would be returned to Mexico. In exchange, Mr. Biden agreed to a new process to offer 24,000 qualifying Venezuelans a year legal entry to America. In 2022, 189,520 Venezuelans arrived at the southern border, representing a more than 280 percent increase since 2021.

According to Mr. Ruiz Soto, after Title 42 is lifted, America will be able to continue its agreement with Mexico under the Expedited Removal policy. Axios reported that American officials are looking into raising the cap number of Venezuelans who can legally enter the country and possibly expanding the program to nationals from other countries, such as Nicaraguans. 

Homeland security has not responded to a request for comment from The New York Sun.

America is dealing with record numbers of migrants attempting to cross the southern border. So far in 2022, border patrol has encountered nearly 2.4 million migrants, a 37 percent increase from last year.

While Mr. Mayorkas’s proposal says the government has provided an increasing amount of resources to deal with the issue, a retired Immigration and Customs Enforcement agent who frequents the southern border, Victor Avila, told the Sun that the Biden administration in fact has not provided much support for border patrol. 

The lifting of Title 42 comes at a time when House Republicans are planning an investigation of Mr. Mayorkas over his management of the border crisis. The House Republican leader, Kevin McCarthy, has said the House would “investigate every order, every action, and every failure to determine whether we can begin an impeachment inquiry.”