First, I can't say IANAL, because I am, but I'm not an immigration lawyer. First, what you propose is illegal, generally speaking. Once an individual enters the country, they can claim asylum. Then they are entitled to a hearing on that matter and are released, pending trial. Believe it or not, around 83% do. Many who don't didn't get notice or faced hardship getting to court. IOW, the overwhelming majority want to do it the right way. Title 42 allows peremptory return of a migrant during a public health emergency. Unfortunately, a public health declaration has a great many other ramifications. You just can't keep one in effect forever. The Covid declaration ends on the 11th (I think), and we revert to the old law, which doesn't allow just "send them back." BTW, (IIRC) if they return after deportation, they are barred for 20 years, or, if convicted of a felony while here, permanently. Of course, scofflaws like the Texas shooter-before-last, just ignore that...