Title 42 expulsion facts for kids

A Title 42 expulsion was a special rule used by the U.S. government to quickly send people away from the border. This rule was put in place when there was a serious risk of a communicable disease spreading, like during the COVID-19 pandemic. It allowed border officials to stop people from entering the country if they had recently been in a place where a disease was present.

This rule was based on a part of U.S. law called Title 42 of the United States Code, specifically section 265. The Centers for Disease Control and Prevention (CDC) first used this rule under the Trump administration to block many migrants from entering the U.S. by land. The Biden administration continued using it for a while. The program officially ended on May 12, 2023, when the national emergency for COVID-19 was over.

The Title 42 rule allowed border agents, like those from U.S. Customs and Border Protection (CBP), to stop people who might carry a health risk. Instead of holding people in crowded areas for processing, they were quickly sent back to the country they had just come from. If that country wouldn't accept them, they might be sent back to their home country or another country that would take them. These expulsions were different from regular deportations because they were based on health concerns, not immigration status.

A judge ruled in November 2022 that the Title 42 policy broke a law called the Administrative Procedure Act. This meant the policy couldn't be used. However, the chief justice of the United States, John Roberts, and later the U.S. Supreme Court, temporarily put the policy back in place. As the policy was about to end in May 2023, more people tried to cross the border.

What is Title 42?

Title 42 is a part of U.S. law that deals with public health. Section 265 of this law gives the government power to stop people or goods from entering the U.S. if there's a serious danger of a communicable disease spreading.

This section says that if the Surgeon General (a top health official) believes a disease in another country could easily spread to the U.S. through people or property, they can stop those people or property from entering. This is done to protect public health and can last as long as needed to prevent the danger.

How the Rule Was Used

The Title 42 rule was created as part of the Public Health Service Act in 1944. It was rarely used for border control until the COVID-19 pandemic.

Starting in 2020

In March 2020, during the COVID-19 pandemic, the CDC under the Trump administration used Title 42. They issued an order that allowed border officials to quickly send away people who crossed the border without permission, including those seeking asylum. Because this was called an "expulsion" and not a "deportation," people sent back under Title 42 didn't get a chance to argue their case in front of an immigration judge. Most people were returned to Mexico within hours.

In November 2020, a court stopped the rule from being used for unaccompanied children (children traveling alone). But in January 2021, another court allowed it to be used for minors again while they reviewed the case.

Changes in 2021

In February 2021, Mexico stopped accepting families with children who were sent back under Title 42. Some groups, like Physicians for Human Rights, said the policy wasn't fair and that its goal of stopping COVID-19 spread was questionable. They pointed out that millions of people still crossed the U.S.–Mexico border every week.

The Biden administration took over in 2021. There were talks about ending Title 42, but the administration continued to defend it in court, saying it helped slow the spread of COVID-19. However, in December 2021, a high-ranking CDC official, Anne Schuchat, said that there wasn't a strong public health reason for expelling migrants under Title 42.

Events in 2022

In March 2022, a court ruled that the Biden administration could keep using Title 42 to quickly remove migrant families. But it added a condition: people could only be sent to places where they would not be harmed or tortured.

On April 1, 2022, the CDC announced it would end Title 42 expulsions. They planned for it to end on May 23, 2022, to allow time to set up a vaccine program for migrants at the border. However, on May 20, a federal judge blocked the CDC from ending the policy.

Later in 2022, the Biden administration created special programs. One program, "Uniting for Ukraine," allowed many Ukrainian people to enter the U.S. if they passed checks and had sponsors. Another program was made for Venezuelan people, but it capped the number at 24,000 and required them to arrive by air. Venezuelans who crossed into Mexico or Panama illegally would be sent back under Title 42. This decision was criticized by groups like Amnesty International.

In November 2022, a judge named Emmet G. Sullivan ruled that Title 42 expulsions were against the Administrative Procedure Act. He said the policy was "arbitrary and capricious" because the CDC didn't fully consider its negative effects or other options like vaccinations or outdoor processing. He also felt the policy didn't make sense since COVID-19 was already widespread in the U.S. The ACLU praised this ruling.

However, in December 2022, Chief Justice of the United States, John Roberts, and then the U.S. Supreme Court, temporarily put Judge Sullivan's decision on hold. This meant Title 42 could continue to be used while the courts decided on the case.

Ending in 2023

The Biden administration finally ended the order allowing Title 42 on May 11, 2023. This happened when the U.S. government officially ended the national emergency for COVID-19. Some politicians tried to extend Title 42, but their efforts did not pass.

To handle the changes, the Biden administration planned to send more troops to the U.S.–Mexico border. Cities like New York City, Brownsville, Laredo, and El Paso prepared for more migrants. Texas Governor Greg Abbott also announced that Texas would restart a program to send migrants to cities led by Democrats, such as Los Angeles and Chicago.

Numbers and Data

Here's a look at how many people were expelled under Title 42 each month from March 2020 to May 2023:

Total expulsions under Title 42 by month.

See also

• Immigration policy of Donald Trump
• Immigration policy of the Joe Biden administration