May 2023 witnessed fluctuating migrant encounters at the U.S. southern border. Customs and Border Protection (CBP) recorded 204,561 encounters, a decrease from the same period in 2022 but higher than 2021. The month began with record-high daily encounters as the end of Title 42 approached, fueling concerns of a surge. Title 42, a public health order implemented in March 2020 due to the COVID-19 pandemic, allowed for the rapid expulsion of migrants.

The days leading up to May 11, the date Title 42 expired, saw over 10,000 daily migrant encounters. The Biden administration's attempt to release migrants into the U.S. without court dates due to overcrowding was halted by a federal judge following a lawsuit from Florida. Post Title 42, the administration implemented new strategies: expanding legal pathways for migrants, establishing Central American processing centers, promoting the CBP One app for appointment scheduling, increasing penalties for illegal re-entry under Title 8, and introducing an asylum rule largely restricting asylum claims from those entering illegally without seeking asylum in a transit country.

Following May 11, encounters dropped significantly, reportedly by 70%, to around 3,000 per day. CBP data reveals that half of May's encounters occurred between May 1 and 11, with two-thirds involving single adults and nearly 10,000 involving unaccompanied children.

The Biden administration attributes the decline to its post-Title 42 policies. Acting CBP Commissioner Troy Miller highlighted the "significant reduction" in encounters since the full reinstatement of Title 8 immigration enforcement on May 12. He emphasized ongoing monitoring and adjustments to strategies based on encounter trends. However, the new asylum rule faces legal challenges from both Republicans and civil rights organizations, with Republicans alleging it obscures the actual number of admitted migrants and the ACLU arguing it infringes on the right to seek asylum.