The number of migrants stopped at the southern border in April hit an all-time high. More than 234,000 people were stopped. The number exceeds the previous high number reached during the Biden border crisis in March. The continued rise in the number of apprehensions is not a good sign, especially with Title 42 set to expire in six days if a court doesn’t intervene.

Border Patrol agents report a 5.8% increase in April. In case you are wondering, more illegal migrants were released into the United States than were removed. In April, 117,989 illegal migrants were released into the United States. 113,248 were removed. Does Title 42 still play a big role in removing illegals at the border? Yes. Of the 113,248 removed, 98,908 were expelled using Title 42.

These are just the numbers that have been recorded. We don’t know the number of those who escaped law enforcement and Border Patrol agents at the southern border, the ones described as ‘got aways’. They simply vanish without being identified or monitored.

More than 23,000 migrants went through a San Diego border crossing. Many of them were allowed to stay on humanitarian parole because they are Ukrainian refugees. That number sharply dropped by April 25 when the Biden administration directed refugees to U.S. airports from Europe instead of through Mexico. Keep in mind that Title 42 is set to expire next week and predictions are that the number of migrants flooding the southern border will triple.

On Friday, U.S. District Judge Robert Summerhays of the U.S. District Court for the Western District of Louisiana denied a motion to end Title 42 in California and New Mexico. It is only a temporary ruling, though, and is not the final word on Title 42. Judge Summerhays said that his ruling on the entirety of Title 42 will come before May 23rd. As I write this on Tuesday morning, the judge’s final ruling has not been announced. It is expected that he will rule in favor of the 24 states that filed a lawsuit to keep Title 42 in effect. For those keeping track of judicial appointments, Summerhays is a Trump appointee. The District Court for the Western District of Louisiana leans conservative.

The CDC decided in April that Title 42 is no longer necessary because the pandemic has waned and there are vaccines and treatments available now to fight COVID-19. However, due to a public outcry from border states and others concerned about the flood of illegal migrants into the country, both Republican and Democrat lawmakers have voiced their disapproval of ending Title 42. If the judge decides to end Title 42, Congress can keep it alive with bipartisan support. The last thing Democrats need is another reason for voters to vote against them in November. The Biden border crisis is already a humanitarian crisis solely of Biden’s making. He and DHS Secretary Mayorkas have no intention of securing the southern border, that is abundantly clear. Over 1.8 million people have been removed through Title 42 since April 2020 when the previous administration implemented the policy at the recommendation of the CDC. Most expulsions have been made during the Biden administration because his language during the presidential campaign emboldened migrants to head for the southern border even before he came into office. Once in the White House, the floods of migrants sweep over the southern border in waves, overwhelming Border Patrol agents, law enforcement, and border communities. Border states have been left on their own to handle the Biden border crisis.

Migrants who are expelled through Title 42 often try again to enter the United States. The number of apprehensions reported by Border Patrol include those who have repeatedly tried to enter illegally. The number of apprehensions may dip if Title 42 goes away. Migrants removed under Title 42 receive a five-year ban from re-entry for the first offense. The bans increase to 10- and 20-year bans for additional offenses. Of course, if migrants aren’t worried about being apprehended in the first place, bans on re-entering won’t deter them either. Biden’s rhetoric has emboldened them and they do not respect the rule of law if they are entering the United States outside of a legitimate port of entry.

A COVID-19 aid bill is being blocked with cooperation from both Republicans and Democrats. They want a vote on blocking the end of Title 42 until DHS provides a real plan to handle the increase of migrants that will come when Title 42 ends.

Senate Republicans first blocked the Covid-19 aid bill in April after Democrats refused to hold a vote on an amendment to block the Biden administration from rescinding Title 42.

Sen. Chris Murphy, D-Conn., said last week ‘there’s a growing willingness to bring that up and have the amendment votes necessary to get it to a final vote.’

Sens. Dick Durbin, D-Ill., and Patty Murray, D-Wash., no. 2 and no. 3 Democrats in the Senate, told Politico last week the amendment vote is worth holding to push through Covid-19 aid.

Five Democratic senators — Kyrsten Sinema and Mark Kelly of Arizona, Joe Manchin of West Virginia, Raphael Warnock of Georgia, and Maggie Hassan of New Hampshire — even joined Republicans in proposing a bill that would require Title 42 to remain in place until 60 days after the CDC declares an end to the public health emergency.

Democrats see the writing on the wall. Voters are agitated about the Biden border crisis. Vulnerable Democrats up for re-election and Democrat leadership in Congress don’t want to be on the wrong side of enforcing policies that can help secure the southern border.