On March 21, 2020, President Trump, in accordance with Title 42 of the United States Code, determined that by reason of existence of COVID-19 in Mexico and Canada, there is a serious danger of the further introduction of COVID-19 into the United States; that prohibition on the introduction of persons or property from Mexico and Canada is required in the interest of public health. Under this order, the CPB (Customs & Border Patrol) is prohibiting the entry of certain persons who potentially pose a health risk. Persons subject to the order will not be held in congregate areas for processing and instead will immediately be expelled to their country of last transit.
The use of Title 42 gave the Biden administration additional time to grapple with the largest surge of migrants to the border in recent history. According to U.S. Customs and Border Protection, border officials encountered migrants 188,829 in June, the highest single month total in years. The Biden administration has pushed back on criticism that it would use Title 42 for any reason other than to protect the public health of Americans and U.S. residents. Political opponents have used the surge in migration to attack Biden, and many Republicans see the issue as a potent weapon to use for the midterm elections next year. While Biden has high approval ratings for the way he has handled the pandemic, polls show concern about immigration.
The American Civil Liberties Union and other groups filed a preliminary injunction to stop the continued use of the Title 42 public health law that has allowed border agents to swiftly remove tens of thousands of migrants and asylum-seekers arriving at the southern border.
Por / By Robert Fuchs, Esq.
Title 42 and Rejecting Immigrants at the Border
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