As the debate over immigration continues, the fate of Title 42 could determine which Senate Democrats win their 2022 midterm races. Some incumbents have distanced themselves from President Joe Biden over plans to rescind the order on May 23. 

Origins of Title 42 public health measure

Title 42 was issued as a public health order during the Covid-19 pandemic under the Trump administration and kept in place under President Joe Biden. 

While it is not an immigration policy, according to the Department of Homeland Security, both administrations have used it to expel more than 1.7 million migrants attempting to seek asylum at America’s southern border. 

What’s at stake?

35 Senate seats are up for grabs in 2022, including 21 currently held by Republicans and 14 by Democrats. The Senate is now split 50-50, with Vice President Kamala Harris frequently providing the tie-breaking vote for Democrats. 

Dems in favor of keeping Title 42 in place 

Sen. Mark Kelly (D-AZ) is among the lawmakers fighting to stay in office, and immigration could make or break his campaign. 

“My priority has been to make sure we have a secure, orderly and humane process at the southern border,” Sen. Kelly said on FOX 10 Phoenix. 

Kelly is against rescinding Title 42, which is not a total surprise in a swing state like Arizona. 

“I’m really concerned that the Biden administration doesn’t have a plan in place to deal with this,” Kelly said. 

Sen. Catherine Cortez Masto (D-NV) is also up for reelection. She has expressed fears that the federal government will not be able to handle the influx of migrants, and the timing of the Title 42 decision is not in the Democrats’ favor. 

“I think it’s wrong to do it without a detailed plan,” Sen. Masto said on KSNV Las Vegas. “We always know right around summer there’s a surge.”

Is this the GOP’s golden opportunity? 

Sen. Mitt Romney (R-UT) said the latest Democrat divide comes at the best time and puts the GOP in favor of winning back the majority.

Worst domestic news today: the Biden Administration will admit double or more the number of “undocumented” immigrants at the border, starting May 28.

Best GOP political news today: the same as above. (Arizona, Nevada, and more Dem senators will lose their elections)

— Mitt Romney (@MittRomney) April 1, 2022