EL PASO, Texas (KTSM) — Title 42 remains in place for the time being after Tuesday’s decision by the U.S. Supreme Court.

The public health order has allowed Border Patrol agents to expel migrants from certain countries.

With Title 42 still being used to expel migrants, over the Christmas weekend Border Patrol’s El Paso Sector saw a decrease in encounters.

“Fortunately means that we have a little less migrants in custody at both of our processing facilities — the one at Paso Del Norte Bridge and then the central processing center,” Carlos Rivera, spokesman for the Border Patrol’s El Paso Sector.

However, numbers are still high overall. Rivera says new numbers just released by CBP.gov show 106,000 migrants were encountered for the first two months of the fiscal year 2023.

U.S. Customs and Border Protection confirmed it’s building a new migrant processing facility in Northeast El Paso.

“One more processing facility will help mitigate and control being able to safely and humanely house these migrants in our custody while we then move them along in the process,” Rivera said.

The City of El Paso has opened up the convention center in Downtown for additional shelter space, but migrants can still be seen on the streets of Downtown El Paso.

Many of those sleeping outside near Sacred Heart Church are from countries still subject to Title 42 expulsion and do not have the documentation needed to stay at the convention center.

El Paso County Judge Ricardo Samaniego spoke with KTSM 9 News about the migrants camping in Downtown.

“You got to rely on their documentation. You have to rely on what they’re telling you but once they cross here it’s a humanitarian situation,” Samaniego said.

Border Patrol is aware that migrants who have not been processed through CBP are being turned away from shelters.

“For those migrants that have not gone through our processing, those who are trying to reach out to the shelters, they are being turned away by the shelters,” Rivera said.

Rivera adds that the Border Patrol is still enforcing border regulations as usual.

 “I would have to tell you that those migrants that are encountered that do not have a legal basis to be in the U.S. will either be amendable to Title 42 or Title 8 authority — meaning that they will be expelled out of the country through Title 42 means through one of our ports of entry,” Rivera added.

As we reported, the City of El Paso has been cleaning up the area where migrants are camping, throwing items away. A spokesperson for the City of El Paso says this is due to hygiene concerns.

“The clean-ups, we do them two to three times a day and we also do more thorough cleanings in that space because it’s not hygienic,” said Laura Cruz Acosta, a spokesperson for the City of El Paso.

Our crews in Downtown say they a saw migrants’ personal items being thrown out but the City says that’s not the case.

“We’re swapping out. We’re concerned about the health and safety of the migrants and being able to use old blankets that are dirty or possibly infected with other diseases. Remember we are in the middle of a triple health issue with RSV, COVID and the flu. We don’t want to have an outbreak out on the streets with our migrant community, population or with our general community,” Cruz Acosta said.