Border agents ordered to cease deporting Nicaraguans under public health emergency authority

Border Patrol agents fear being left to cope with new surge of illegals with dwindling staff to man the border due to federal vaccine mandate.

Updated: November 12, 2021 - 11:47pm

On Friday, Customs and Border Patrol agents received instructions on a new policy: Effective immediately, the Department of Homeland Security would no longer allow deportations of Nicaraguan illegal aliens under Title 42, a clause within the 1944 Public Health Services Law that "allows the government to prevent the introduction of individuals during certain public health emergencies." 

All Nicaraguans entering the U.S. illegally, with some exceptions related to criminal history, will be released directly into the U.S. as of Friday afternoon, Just The News has learned. 

The order to all CBP agents was issued verbally on a conference call. Official orders in writing are expected soon. The Department of Homeland Security has not issued a statement, nor has CBP.

Border Patrol agents and those in law enforcement told Just The News that the prohibition on deporting Nicaraguans will lead to a surge of Nicaraguans heading to the U.S., as well as many coming from other countries claiming to be Nicaraguans, knowing they won't be deported under Title 42.

The Biden administration had already altered enforcement policies under Title 42, facilitating an unprecedented influx of illegal aliens into the country this year. Under the Trump administration, families and unaccompanied minors were turned away under Title 42.

Trump's use of the authority was halted by a federal judge in January of this year. In March, Secretary of Homeland Security Alejandro Mayorkas issued an official directive stating that families and unaccompanied minors would not be deported under Title 42. 

Border Patrol agents have also heard that Title 42 deportations will most likely end across the board around January 2022, which they fear will double or triple the numbers of illegal aliens coming across the southern border every month, numbers which have already reached record highs under the lax border security policies of the Biden administration. 

In September, agents encountered nearly 200,000 illegal aliens. These numbers exclude got-aways — tens of thousands evading capture every month in each sector. Agents view the numbers as already unsustainable — double or triple what would overstrain resources and precipitate a full-fledged humanitarian crisis.

Agents worry they will be left to contend with a new surge of illegal aliens with significantly reduced staff to man the border because of Biden's federal employee vaccine mandate. So far, roughly 3,900 agents have requested exemptions. 

Those who filed exemption requests don't expect them to be granted — whether for health, religious or other reasons. Progressive disciplinary timelines issued for noncompliance indicate that these agents will likely be terminated by the end of the year unless a judge intervenes.

These numbers exclude the agents who have refused to file their vaccine status. They also exclude the untold number of agents who are putting in for early retirement, demoralized by Biden policies with which they don't agree with and which have made it harder for them to do their jobs.

Even as agents are being forced to get the COVID jabs or lose their jobs after years of service, the 1.7 million illegal aliens they've apprehended were not required to receive any vaccinations as a condition of entering the U.S. 

No policy exists requiring illegal aliens to be vaccinated for COVID or anything else.

Just the News Spotlight