Josh Barro makes a good point here:
Like with the student loan pause, the use of Title 42 to limit asylum applications during the pandemic is an administrative action that has gotten more and more pretextual as the acute pandemic has waned. And as with lifting the student loan pause, rescinding the Title 42 order will be a real political mess. It will once again overwhelm our capacity to process asylum seekers and it will encourage an increased flow of unauthorized migrants seeking to enter the country for primarily economic reasons. This will be very unpopular.
But the administration seems intent on implementing the lifting of the Title 42 order, inviting an extremely visible mess at the border right before the midterm elections.
The administration can’t say that it has to lift the asylum restrictions because it’s what an honest reading of the law requires, and at the same time refuse to follow anything like an honest reading of the law on student loans. The administration is also sticking with steel protectionism on the entirely pretextual theory that it’s needed for national-security reasons. It’s making deliberate choices about which legal obligations it should follow. Republicans should not hesitate to hold it accountable for those choices.