What is Title 42 and what does its expiration mean for the border?

What is title 42

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Asylum-seeking immigrants report to U.S. Border Patrol agents after wading across the Rio Grande from Ciudad Juarez, Mexico, to El Paso, Texas, December 18, 2022.

A key component of the Trump administration’s anti-immigration policy currently expires on December 21, 2022.

Officially called Title 42 of the US Codethe little-known law was originally enacted in 1944 to prevent the spread of the flu and allow authorities to refuse entry to foreigners at risk of spreading the disease.

In March 2020 on the recommendation of the Centers for Disease Control and Prevention, then President Donald Trump invoked the law to minimize the impact of the COVID-19 pandemic.

But Trump and his advisors had a different one Goal also – closing the US-Mexico border and limiting the number of new immigrants.

Indeed, US District Judge Emmet Sullivan decided in November 2022 that the Trump administration’s implementation of Title 42 was “arbitrary and capricious,” accused the CDC of failing to find reasonable alternatives and reluctantly extended the November expiration date to December 21 so the Biden administration could focus on the Increase in the number of cases submitted by asylum seekers.

As a Immigration researcher and international borders expertI’ve been following cross-border trends and the impact of Title 42.

In my view, the end of Title 42 will not weaken border security. It also doesn’t mean the US has “open borders.”‘ or that we will have a crisis in border states, like many conservative politicians and commentators Claim.


More than a million migrants deported

While the Trump administration was reluctant to impose federal lockdowns or mask requirements early in the pandemic, it was aggressive in using Title 42 to close the border to people fleeing persecution who have the right to make their asylum claims.

As written, Title 42 of the US Code allows for the “suspension of travel and imports from certain locations to prevent the spread of communicable diseases”.

In practice, the law allowed US law enforcement officials to immediately deny entry to asylum seekers and other migrants.

During the peak of the COVID-19 pandemic around 51% of people Persons found at the border were immediately expelled or involved in a deportation procedure on the basis of the 42nd title.

U.S. Customs and Border Protection reported this 1 million people was denied entry under Title 42 only in each of fiscal years 2021 and 2022.

In October 2022 alone, there were more than 204,000 encounters along the US southern border and over 78,400 designations under Title 42, according to US Customs and Border Protection data.

Asylum seekers and migrants often try to enter the country more than once after being deported and are counted separately by the authorities each time. This blows up the counts encounters at the border.


The number of border encounters can decrease without a title 42

In the short term, I would expect the end of Title 42 to result in an increase in the number of asylum claims processed, and the federal government has said it is prepared for an increase.

Actually, Alejandro Mayorkas, Minister of Homeland Security has repeatedly said he has a six-point plan to deal with the expected immediate spike in numbers if Title 42 is repealed.

In my view, after a few months, the repeal of Title 42 will actually lead to a reduction in the number of official border crossings.”encounters‘ because fewer people will be counted multiple times and the traffic jam caused by the border closure to asylum seekers will eventually ease.

Both Republicans and some Democrats want to keep Title 42, at least temporarily, to stem the flow of migrants across the US border.

For example, Sens. John Cornyn, a Republican from Texas, and Joe Manchin, a Democrat from West Virginia, and Texas Rep. Tony Gonzales, a Republican, and Henry Cuéllar, a Democrat, among others, have appealed to President Joe Biden to extend Title 42.

What these lawmakers fail to say is that Title 42 was originally designed to prevent the spread of a highly contagious disease — not to deny people their legal right to seek asylum in the United StatesThe conversation

By Ernesto CastañedaAssociate Professor of Sociology, American University

This article is republished by The conversation under a Creative Commons license. read this original article.

https://heavy.com/news/what-is-title-42-border-law-explained/ What is Title 42 and what does its expiration mean for the border?

Brian Ashcraft

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