What is Title 42, and How Does it Relate to Immigration?
At the beginning of the Coronavirus pandemic, the Trump administration used the law 42 U.S.C., known as “Title 42,” to prohibit immigrants from entering the United States if the director of the Center for Disease Control (CDC) believed their entry could spread an infectious disease.
What Is Title 42?
Title 42 was enacted as a part of the Public Health Service Act of 1944.
Today, it currently allows US Border Patrol and US Customs and Border Protection to deny entry from anyone who could pose a health risk due to travel restrictions or illegally entering the country bypassing health screenings. Immigration status has no bearing on Title 42 expulsions and denies thousands a chance to apply for asylum.
When Border Patrol enforces Title 42, any immigrant is immediately expelled back to the last country they were in and not held in congregate areas for processing. If the person cannot return to their previous country of transit, Border Patrol works to send the person back to their country of origin.
In 2020, immigration advocates, public health officials, and even some within Trump’s administration criticized the order as “an excuse to seal the border to unwanted migrants” by then-President Donald Trump.
Is Title 42 Still Active?
The Biden administration did not disband the program upon entering office, which has denied roughly 2 million people at the Mexico border from entering the country or applying for asylum.
However, on April 1, the CDC announced the administration planned the lift the order, but it wouldn’t take effect until May 23.
The order primarily inhibited El Salvador, Guatemala, Haiti, Honduras, Venezuelans, Colombia, and Mexico immigrants.
What Should I Do If Title 42 Stopped Me From Applying For Asylum?
If you, or someone you loved, was denied entry to the United States under Title 42, contact Fay, Grafton, & Nunez right away.
Our legal team understands the nuances of the ever-changing immigration laws and can help you build a case for asylum or permitted entry into the United States.
We offer $300-flat fee immigration consultations to help you build your most robust case and have the best chance at entering the country.