what is title 42?
What is Title 42 and how does it affect migrants at the US border?
What is Title 42?
Title 42 is a public health law that was enacted in 1944 and gives the CDC the authority to prevent the spread of communicable diseases in the US. Under this law, the CDC can temporarily prohibit people or property from entering the country if they pose a serious danger of introducing a disease.
In March 2020, at the start of the COVID-19 pandemic, the Trump administration invoked Title 42 to close the border to nonessential travel and to quickly expel anyone who entered the country without authorization, regardless of their asylum claims or protection needs. The Biden administration continued this policy until May 12, 2023, when it expired.
How did Title 42 affect migrants?
Title 42 had a huge impact on migrants and asylum seekers who tried to reach the US border. According to official data, more than 2.8 million people were expelled under Title 42 since 2020, without being given a chance to request asylum or other forms of relief. Some people were exempt from Title 42, such as unaccompanied children and some vulnerable groups, but most were sent back to Mexico or their countries of origin.
Title 42 also created confusion and chaos at the border, as many migrants did not understand why they were being turned away and tried to cross again multiple times. This resulted in record-high numbers of border encounters and increased pressure on border facilities and humanitarian organizations.
What happens now that Title 42 is over?
Now that Title 42 has expired, migrants and asylum seekers can once again request protection at the US border, as they are entitled to by US and international law. However, this does not mean that everyone will be allowed to enter or stay in the country. The US government has announced a new immigration strategy that will involve screening migrants for eligibility and vulnerability, processing their cases in a timely manner, and providing alternatives to detention.
The new system is expected to be more humane and fair than Title 42, but it will also face many challenges and uncertainties. The US government will have to deal with a large backlog of pending cases, a lack of resources and infrastructure, and potential legal and political opposition. Migrants will have to navigate a complex and often unpredictable process, with no guarantee of success or safety. And both sides will have to cope with the ongoing risks and realities of the COVID-19 pandemic.
Summary
Title 42 was a public health policy that allowed the US to expel migrants at the border without offering them asylum. It expired on May 12, 2023, and was replaced by a new immigration strategy that aims to be more humane and fair.
