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What is Title 42, and How is It Affecting Immigration?

Ever since Joe Biden was elected as president, there have been constant headlines concerning Title 42. It has been over 2 years since it was passed, yet it remains the topic of many debates on whether it should end or not. The COVID-19 pandemic is certainly still deadly, but it has become much more manageable, as we have new ways to combat it. But what exactly is Title 42, and how is it affecting immigration to the United States? Today, we will answer that question by looking at the details of the policy.

What is Title 42 and, why did it start?

Title 42 is a law found in the U.S. code that allows officials to deport migrants during a public health crisis. The purpose of this is to prevent the spread of a contagious disease throughout the United States. In March 2020, the Trump administration enacted Title 42 in order to prevent the spread of the COVID-19 virus.  The COVID-19 pandemic has been devastating, and it was in its infancy when Title 42 was put in place. There was (and still is) being done to combat it, and Title 42 was one method of doing so.

How does deportation work with Title 42?

The whole point of Title 42 is to remove foreign individuals from the country in order to prevent the spread of a contagious disease. One thing many people gloss over, however, is the actual process of expelling migrants from the country. Migrants who are to be deported are usually sent via land to Mexico via the southern border. If they are unable to be sent via land to their home countries, they will be sent via plane in what is known as a “deportation flight.”

Can you seek asylum when being deported under Title 42?

Both the Trump and Biden administrations have determined that Title 42 will win over the U.S asylum laws. As a result, most individuals are deported regardless of asylum laws that allow an individual to seek refuge regardless of their legal status. There are some cases, however, where a limited number of migrants make a reasonable claim that allows them to stay under asylum.

How is Title 42 affecting immigration, and should it end?

Title 42 has clearly made it harder to immigrate to the United States. It is estimated that almost 2 million deportations have taken place under Title 42. While it is possible for one to be deported multiple times, this number is still quite high. Many critics of Title 42 believe that it is a violation of human rights. Individuals who might be fleeing from dangerous situations may end up getting sent right back into them as a result of Title 42. Migrants are unable to request asylum because it is a public health emergency.

Currently, however, Title 42 is set to end on May 23rd of this year. Whether this will happen or not is unknown, but the CDC and the Biden administration believe it to be an appropriate time to end it. While the COVID-19 pandemic is certainly still around and spreading, we have had many recent breakthroughs that have allowed for it to be somewhat manageable. Vaccines and the less deadly Omicron variant are two of the main factors that have contributed to this change.

What will happen after Title 42 ends?

If Title 42 does indeed end on May 23rd, there will likely be a surge of immigrants to the Mexican border. As a result, there is still a debate over whether it should end, as resources might be quickly drained. Regardless, whenever Title 42 does end, immigration to the United States will become much easier and more accessible.

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