Barrasso calls Mayorkas 'malicious' - and some DEMOCRATS think it's time to extend Title 42

Senate Republican Conference Chair John Barrasso declared the end of Title 42 would lead to an 'invasion' and called Department of Homeland Security Secretary Alejandro Mayorkas 'malicious' - as the Biden administration instituted a new asylum rule rankling those on the left. 

'It is going to be an invasion like we have never seen,' Barrasso, R-Wyo., said of the impending rush of migrants at the border as he attacked Mayorkas' character. 

Meanwhile multiple Democratic senators signaled they are now on board with a proposal to extend Title 42-like immediate expulsion authorities, just one day before the pandemic-era health policy will end.

Sen. Jon Tester, D-Mont., and Ohio Democrat Sen. Sherrod Brown signed on as co-sponsors to a bill originally proposed by Sens. Kyrsten Sinema, I-Ariz., and Sen. Thom Tillis, R-N.C. on Tuesday. 

They joined Democrat Joe Manchin and Republican Sens. John Cornyn, Texas, Susan Collins, Maine, and Shelley Moore Capito, W.Va., in co-sponsoring the legislation. 

'Both parties have essentially failed on this,' Brown told DailyMail.com on Wednesday. 'We're not ready, we should extend it.'

'It is going to be an invasion like we have never seen,' Barrasso, R-Wyo., said of the impending rush of migrants at the border as he attacked Mayorkas' character

Sen. Jon Tester, D-Mont., and Ohio Democrat Sen. Sherrod Brown signed on as co-sponsors to a bill to extend Title 42-like expulsion authorities 

'We need to bring more doctors in and more more court people to process these, more police or armed services and the military, we've got a lot to do.' The populist progressive is up for a tough re-election race in 2024, as are Tester and Manchin. 

'They've gotta be prepared -- we've been writing letters telling them they've gotta be prepared for this. My understanding is there's a bunch of folks at the line that think they can come across with impunity,' Tester told DailyMail.com.

Sen. Gary Peters, D-Mich., chairman of the Homeland Security Committee, said it remains to be seen whether border agents are prepared to deal with the influx of migrant crossings.

'The Biden administration has done quite a bit of preparing, but I think ultimately we have to see how they implement it. It's all about implementation right now.'

In a last-minute switch-up the Biden administration implemented a new rule instructing border agents to immediately expel migrants who arrive at the southern border seeking asylum but have not applied for it in a third country on their journey to the border. 

Jonathan Blazer, director of border strategies at the ACLU, tore into the policy: 'President Biden just ushered in a new period of immense suffering for people already enduring violence and persecution. He has closed off the possibility of asylum in the United States to the majority of people seeking safety.'

The American Civil Liberties Union (ACLU) said it would sue to repeal the rule. 

Migrants try to cross the United States border before the Title 42 policy, which allows for the immediate expulsion of irregular migrants entering the country, comes to an end, in Ciudad Juarez, Mexico, on May 10

On Monday and Tuesday border apprehensions breached 10,000, setting a new single-day record. Apprehensions could reach as high as 13,000 once Title 42 is lifted

On Monday and Tuesday border apprehensions breached 10,000, setting a new single-day record. Apprehensions could reach as high as 13,000 once Title 42 is lifted. 

Congress is facing the immigration issue with a fresh urgency - House Republicans are pushing through H.R. 2, a sweeping border and immigration package, this week and Senate Judiciary Chair Dick Durbin announced he is putting forth a 'bipartisan' bill on Thursday - 'a serious proposal' - as opposed to the House GOP's party-line package. 

The Biden administration is also opening up new processing centers in Latin America where migrants can go to apply for asylum and find out if they meet basic qualifications before making the dangerous journey to the U.S.-Mexico border. 

Homeland Security officials are also prepping an online platform for migrants to make appointments at the centers in the coming days.  

Peters said he hoped the new plan would quell a fresh wave of migration. 

'They shouldn't even make the trek. They're trying to stop people from coming to the border,' he said. 

'We've got to get ahead of this as much as we can so people don't even show up at the border, and then when they do if they haven't applied, they have immediate expulsions under the president's plan and can be deported, or they're sent back to Mexico. The Mexican government has agreed to take those folks and keep them in their countries, so this is a multi-faceted plan they put forward, we're going to have to see how it gets executed.' 

The new rule comes one day before the end of Title 42 - which will happen at 11:59 p.m. on Thursday. It expires with the end of the Covid-19 pandemic, and any new policies mirroring its authority would need to not rely on a health emergency. 

'We are finalizing a new rule to encourage individuals to use available lawful, safe and orderly pathways to enter the United States. The rule presumes that those who do not use lawful pathways to enter the United States are ineligible for asylum,' Mayorkas said in a Wednesday press conference.

Mayorkas pointed the finger at Congress for the current influx at the border.   

'Our current situation is the outcome of Congress leaving a broken outdated immigration system in place for over two decades, despite unanimous agreement that we desperately need legislative reform,' he said. 

Another border Sen. Ben Ray Lujan, D-N.M., who opposes Title 42, said the new asylum policy 'continues [Title 42] under a different name.'

He told DailyMail.com the Biden administration needed to pursue more policies to 'respectfully treat people' and to ensure 'when people are fleeing for their lives or their children's lives, the U.S. is going to give them a place to make their case.'