Be Watchful If Title 42 Returns
Dear Friends & Neighbors,
Immigration port of entry, Source: https://www.pexels.com/photo/port-of-entry-building-in-us-in-winter-7104991/ (Attribution: Matt Barnard, Legal Simplicity license: https://www.pexels.com/license/, Presented at: WindermereSun.com)
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As of November 15, 2022, Title 42 is currently unenforceable, as DC federal judge Emmet G. Sullivan ruled that the policy is a violation of the Administrative Procedure Act.
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. This practice has been continued by the Biden administration with expansion.[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 (because that country will not accept them due to their nationality), 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] In some cases, this is not possible, and migrants may be expelled to a third country that will accept them based on previous residency.[5] At the discretion of the administration, Title 42 can be used even for people who would normally have temporary protected status based on their country of origin.[6]
Criticism
Title 42 has been criticized by several human rights groups including the American Civil Liberties Union,[36] Amnesty International USA,[37] Human Rights Watch,[38] Human Rights First,[39] and the American Immigration Council.[40] These groups argue that the policy allows the United States to illegally expel asylum seekers without any legal process.[36]
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.[41]
As of November 15, 2022, Title 42 is currently unenforceable, as DC federal judge Emmet G. Sullivan ruled that the policy is a violation of the Administrative Procedure Act.[7]
Even though Title 42 expulsion is currently unenforceable, any one (including U.S. citizens or permanent residents, besides migrants) who may intend to travel in the future would do well to keep in mind of the possibility of Title 42 expulsion becoming active again, because according to americanimmigrationcouncil.org, in italics, below:
The CDC order does not apply to U.S. citizens, lawful permanent residents, and their spouses and children, nor does it apply to U.S. military personnel or those who arrive at a port of entry with valid travel documents, although the CDC maintains that it has the authority to expel U.S. citizens under Title 42 if it chooses. The CDC order also includes an exemption for anyone that DHS determines should be allowed into the United States on “consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests.”
A federal appeals court has denied a request by more than a dozen states to keep Title 42 in place, a policy that has been used more than two million times to turn migrants away from the border. Thousands of migrants are currently camping out in Juarez, Mexico, hoping to cross into Texas in anticipation of Title 42 ending on Wednesday, December 21st, in the video published on Dec. 16, 2022, by NBC News, as “Appeals Court Denies Request To Keep Title 42 In Place“, below:
The Biden administration recently announced it plans to end a Trump-era policy known as Title 42, which allowed the US to quickly expel migrants to their country of origin or Mexican border towns and denied them a chance at asylum, in the video published on May 2, 2022, by Voice of America, as” What Is Title 42?” below:
Thousands of migrants a day are expected to attempt to cross into El Paso, Texas, from Mexico after Title 42 expires next week. Lilia Luciano spoke with some of the people crossing the border, in the video published on Dec. 16, 2022, by CBS Evening News, as “Migrant arrivals overwhelm border facilities as Title 42 expiration looms“, below:
The policy prevents migrants who are seeking asylum from waiting in the U.S. during that process, in the video published on Dec. 16, 2022, by WFAA, as “Federal judge in Texas upholds Remain in Mexico policy as Title 42 expires next week“, below:
During a White House Press Briefing on Thursday, Karine Jean-Pierre was asked about Title 42, in the video published on Dec. 16, 2022, by Forbes Breaking News, as “‘How Many Migrants Are You Expecting?’: Karine Jean-Pierre Pressed On The End Of Title 42“, below:
Government officials in the United States are preparing for a surge of migrants along the country’s southern border with Mexico. Today on CNN 10, we’ll examine what Title 42 is, why it came about, and why there are concerns by some now that the policy is nearing its expiration. We’ll then travel to China for an update on the nation now that it has removed many of its coronavirus restrictions. If the country is now open for business, why do many streets feel so empty? In the video published on Dec. 15, 2022, by CNN 10, as “What Is Title 42?| December 15, 2022“, below:
For more than a year, there has been an influx of migrants, but that’s only expected to grow, with Title 42 set to expire, in the video published on Dec. 15, 2022, by CBS 8 San Diego, as “With Title 42 set to expire, what’s next?” below:
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