Two Biden administration initiatives related to the COVID-19 pandemic have collided in Congress.

Last week, the administration announced it would end enforcement of Title 42 (of the Public Health Services Law) by May 23. Implemented by the Trump Administration in the early months of the pandemic, Title 42 allows the federal government to suspend entry of individuals into the U.S. during a public health emergency. Among other things, Title 42 has allowed the federal government to return immigrants to their country of origin pending review of requests for asylum (in the absence of the emergency declaration, individuals seeking asylum can remain in the U.S. during review).

A bipartisan group of U.S. senators and representatives have urged the White House not to do so, fearing a dramatic increase in immigration, particularly on the southern border.

At the same time, the Biden administration has requested additional funds for COVID-19 relief and recovery. The original ask was for $22.5 billion, focused on vaccination and testing, as well as preparations for new variants. Senate negotiators reached a tentative agreement earlier this week on a $10 billion package. The hope was to bring the package quickly to the floor for passage prior to Congress’ recess that begins Friday.

Over the last 24 hours, however, members of the Senate have declared opposition to a vote on the COVID-19 package unless there also is a vote on an amendment that would keep Title 42 in place. As a result, no vote has been scheduled.

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