Title 42 expulsion

Title 42 expulsions are removals by the U.S. government of persons who have recently been in a country where a communicable disease was present. The extent of authority for contagion-related expulsions is set out by law in 42 U.S.C. § 265. During the COVID-19 pandemic, the Trump administration used this provision (section 265) to generally block land entry for many migrants. The program has been continued by the Biden administration.[1]

The program allows the US Border Patrol and US Customs and Border Protection to prohibit the entry of persons who potentially pose a health risk by being subject to previously-announced travel restrictions or because by unlawfully entering the country to bypass health-screening measures.[2][3] Its use was implemented under the Trump administration and has continued under the Biden administration to prohibit asylum seekers from lawfully petitioning for asylum in the United States.[4] Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit.[3] If they are unable to be returned to the country of last transit, the Border Patrol will work with its interagency partners to expel the person to their country of origin.[3] Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration.[3]

Code

Title 42 of the United States Code, Chapter 6A, Subchapter II, Part G, Section 265 states:[5]

§265. Suspension of entries and imports from designated places to prevent spread of communicable diseases
Whenever the Surgeon General determines that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Surgeon General, in accordance with regulations approved by the President, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose. (July 1, 1944, ch. 373, title III, §362, 58 Stat. 704.)

History

The provision was enacted as part of the Public Health Service Act of 1944.[5]

In March 2020, the Center for Disease Control under the Trump administration issued a public health order allowing for the rapid expulsion of unauthorized border crossers and asylum seekers citing COVID-19 concerns.[6] As it is considered an "expulsion" rather than a "deportation", the migrants are not afforded the right to make a case to stay in the U.S. before an immigration judge.[7] Most migrants subject to Title 42 measures are returned to Mexico within hours.[8] In November 2020, a federal court ordered a halt to the practice in regard to unaccompanied minor children;[9] on January 29, 2021, the stay was lifted by DC Circuit Court of Appeals allowing minors to be expelled pending its review of the case.[10]

In February 2021, Mexico stopped accepting families with children under the program.[8] Physicians for Human Rights notes that the policy has been applied unfairly against migrants and asylees and that its stated purpose of containing the spread of COVID-19 is dubious as the U.S. continues to allow millions of people to cross the US–Mexico border weekly.[11][12][13] In early February 2021, the Mexican government announced that it would stop accepting non-Mexican family units with minor children returned to Mexico under Title 42.[14][15]

In June 2021, it was reported that the Biden Administration may be considering rescinding Title 42.[16] On August 1, 2021, Stephen Miller called for Title 42 expulsions on the Sunday Morning Futures With Maria Bartiromo.[17] In September 2021, NPR reported that the Biden administration has defended Title 42 expulsion in court under the pretext of slowing the spread of COVID-19.[18]

In March 2022, the DC Circuit Court of Appeals ruled that the Biden admin can continue to swiftly remove migrant families under Title 42, but “only to places where they will not be persecuted or tortured.”[19]

On April 1, 2022, the CDC officially announced they would rescind Title 42. However in order to allow for the implementation of a vaccine program to get migrants vaccinated at the border, the policy will not officially end until May 23, 2022.[20]

Criticism

Title 42 has been criticized by several human rights groups including the American Civil Liberties Union,[21] Amnesty International USA,[22] Human Rights Watch,[23] Human Rights First,[24] and the American Immigration Council.[25] These groups argue that the policy allows the United States to illegally expel asylum seekers without any legal process.[21]

More than 60 congresspeople, led by Congresswoman Frederica S. Wilson, House Foreign Affairs Committee Chair Gregory W. Meeks, Congresswoman Pramila Jayapal, and Homeland Security Committee Chair Bennie G. Thompson, sent a letter to Homeland Security Secretary Alejandro Mayorkas calling on him to end the practice. In the letter they argued that Mayorkas should employ alternative forms of humanitarian relief for detainees subject to deportation for the remainder of the pandemic.[26]

Statistics

Title 42 expulsions by month and by department are as follows:[3][2]

MonthU.S. Border PatrolOffice of Field OperationsTotal
March 20207,094767,170
April 202015,01852615,544
May 202020,08487520,959
June 202028,5341,42329,957
July 202035,4441,69437,138
August 202042,8082,27245,080
September 202048,8392,54651,385
October 2020 (FY 2021 start)63,0062,77765,783
November 202061,3262,45463,780
December 202060,5352,49863,033
January 202162,3832,23064,613
February 202170,2002,21372,413
March 2021101,9312,343104,274
April 2021109,9932,029112,022
May 2021110,7172,241112,958
June 2021103,1102,358105,468
July 202193,8302,72796,557
August 202193,1172,29095,407
September 2021100,5582,115102,673
October 2021 (FY 2022 start)92,6322,71095,342
November 202187,8433,07390,526
December 202179,2203,49182,711
January 202276,3123,33579,647

References
  1. Hesson, Ted; Dwyer, Mimi (February 10, 2021). "White House says 'vast majority' of migrants at U.S.-Mexico border will be turned away". Reuters. Washington, D.C. Retrieved March 20, 2021.
  2. "FY 2021 Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions". Department of Homeland Security. Retrieved February 13, 2021.
  3. "FY 2020 Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions". Department of Homeland Security. Retrieved February 13, 2021.
  4. "Q&A US Title 42 Policy to Expel Migrants at the Border". Human Rights Watch. April 8, 2021. Retrieved November 3, 2021.
  5. "U.S. Code, Title 42, Chapter 6A, Subchapter II, Pary G, Section 265". U.S. Government. Retrieved February 13, 2021.
  6. Owen, Quinn; Brantley-Jones, Kiara (August 6, 2020). "CBP chief defends rapid border 'expulsions' as unauthorized crossing attempts grow". ABC News.
  7. Solis, Dianne (February 10, 2021). "White House warns immigrants against travel as new Border Patrol numbers show arrivals are edging upwards". The Dallas Morning News.
  8. Barr, Luke; Owen, Quinn (February 4, 2021). "Mexico stops accepting families turned away from the US/Mexico border due to Trump-era COVID-19 order". ABC News.
  9. "District Court Blocks Trump Administration's Illegal Border Expulsions". ACLU. November 18, 2020.
  10. Aquino, Alyssa (January 29, 2021). "DC Circ. Lifts Block On Migrant Children Expulsion Policy". Law360.
  11. Solis, Dianne; Corchado, Alfredo (January 19, 2021). "Will Biden stop the public health order that has turned away migrants nearly 400,000 times?". The Dallas Morning News.
  12. "Border Crossing Data - Mexico". Bureau of Transportation. December 31, 2020. Retrieved February 13, 2021.
  13. Shepardson, David Shepardson; Hesson, Ted (February 19, 2021). "U.S. extends travel restrictions at land borders with Canada, Mexico through March 21". Reuters. On Jan. 26, 2021 the U.S. government began requiring nearly all international air travelers to get negative COVID-19 test results within three days of travel, but has no similar requirements for land border crossings.
  14. Miroff, Nick; Sieff, Kevin (February 3, 2021). "Mexico has stopped sending some Central American "expelled" families by U.S. along border". The Washington Post.
  15. Willard, Keenan (February 3, 2021). "Report: Mexico stops accepting Central American families expelled by US along border". KFOX-TV.
  16. Hansen, Claire (June 3, 2021). "Pressure Amps Up on Biden to Rescind Title 42 Border Order". US News & World Report. Retrieved June 29, 2021.
  17. "Biden border policy a 'public health' crisis as Delta variant spreads among migrants".
  18. Rose, Joel; Neuman, Scott (2021-09-20). "The Biden Administration Is Fighting In Court To Keep A Trump-Era Immigration Policy". NPR. Retrieved 2021-12-18.
  19. https://twitter.com/camiloreports/status/1499771161634291719?s=20&t=7ibkcy3njSjLE166TfzQ4w
  20. Morin, Rebecca (2022-04-01). "Biden administration will rescind Trump-era immigration policy expelling migrants at the border". USA Today. Retrieved 2022-04-01.
  21. "DESPITE PUSHBACK FROM PUBLIC HEALTH OFFICIALS AND CALLS TO END TITLE 42, THE BIDEN ADMINISTRATION CONTINUES TO IMPLEMENT THIS HARMFUL TRUMP-ERA POLICY". ACLU. 2022-01-19. Retrieved 2022-02-19.
  22. "COURT RULING WILL ENDANGER FAMILIES SEEKING SAFETY; BIDEN MUST END TITLE 42". Amnesty USA. 2021-10-01. Retrieved 2022-02-19.
  23. "Q&A: US Title 42 Policy to Expel Migrants at the Border". Human Rights Watch. 2021-04-08. Retrieved 2022-02-19.
  24. ""Illegal and Inhumane": Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount". Human Rights First. 2021-10-21. Retrieved 2022-02-19.
  25. "A Guide to Title 42 Expulsions at the Border". American Immigration Council. 2021-10-15. Retrieved 2022-02-19.
  26. "WILSON, MEEKS, JAYAPAL, AND THOMPSON LEAD MORE THAN 60 MEMBERS OF CONGRESS CALLING FOR AN END TO TITLE 42 EXPULSIONS". homeland.house.gov. 2021-02-23. Retrieved 2022-02-19.
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