Title 42 expulsion

From Wikipedia, the free encyclopedia

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. The program has been continued by the Biden administration.[1]

The program allows the United States Border Patrol and U.S. Customs to prohibit the entry of persons who potentially pose a health risk, either by virtue of being subject to previously announced travel restrictions or because they unlawfully entered the country to bypass health screening measures.[2][3] Since its implementation under the Trump Administration, and continuing under the Biden Administration, it is being used 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, 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]

Code[]

Title 42 of the United States Code, Chapter 6A, Subchapter II, Part G, Section 265 states:[5]

§265. Suspension of entries and imports from designated places to prevent spread of communicable diseases
Whenever the Surgeon General determines that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Surgeon General, in accordance with regulations approved by the President, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose. (July 1, 1944, ch. 373, title III, §362, 58 Stat. 704.)

History[]

In March 2020, the Center for Disease Control under the Trump administration issued a public health order allowing for the rapid expulsion of unauthorized border crossers and asylum seekers citing COVID-19 concerns.[6] As it is considered an "expulsion" rather than a "deportation", the migrants are not afforded the right to make a case to stay in the U.S. before an immigration judge.[7] Most migrants subject to Title 42 measures are returned to Mexico within hours.[8] In November 2020, a federal court ordered a halt to the practice in regard to unaccompanied minor children;[9] on January 29, 2021, the stay was lifted by DC Circuit Court of Appeals allowing minors to be expelled pending its review of the case.[10] In February 2021, Mexico stopped accepting families with children under the program.[8] Physicians for Human Rights notes that the policy has been applied unfairly against migrants and asylees and that its stated purpose of containing the spread of COVID-19 is dubious as the U.S. continues to allow millions of people to cross the US-Mexico border weekly.[11][12][13] In June 2021, over 10 million people (10,159,490) legally crossed the border with Mexico at ports of entry.[12]

In early February 2021, the Mexican government announced that it would stop accepting non-Mexican family units with minor children returned to Mexico under Title 42.[14][15]

In June 2021, it was reported that the Biden Administration may be considering rescinding Title 42.[16]

On August 1, 2021, Stephen Miller called for Title 42 expulsions on the Sunday Morning Futures With Maria Bartiromo.[17]

In September 2021, NPR reported that the Biden administration has defended Title 42 expulsion in court under the pretext of slowing the spread of COVID-19.[18]

Statistics[]

Title 42 expulsions by month and by department are as follows:[3][2]

Month U.S. Border Patrol Office of Field Operations Total
March 2020 7,094 76 7,170
April 2020 15,018 526 15,544
May 2020 20,084 875 20,959
June 2020 28,534 1,423 29,957
July 2020 35,444 1,694 37,138
August 2020 42,808 2,272 45,080
September 2020 48,839 2,546 51,385
October 2020 (FY 2021 start) 63,006 2,777 65,783
November 2020 61,326 2,454 63,780
December 2020 60,535 2,498 63,033
January 2021 62,383 2,230 64,613
February 2021 70,200 2,213 72,413
March 2021 101,931 2,343 104,274
April 2021 109,993 2,029 112,022
May 2021 110,717 2,241 112,958
June 2021 103,110 2,358 105,468
July 2021 93,830 2,727 96,557

References[]

  1. ^ Hesson, Ted; Dwyer, Mimi (February 10, 2021). "White House says 'vast majority' of migrants at U.S.-Mexico border will be turned away". Reuters. Washington, D.C. Retrieved March 20, 2021.
  2. ^ a b "FY 2021 Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions". Department of Homeland Security. Retrieved February 13, 2021.
  3. ^ a b c d e "FY 2020 Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions". Department of Homeland Security. Retrieved February 13, 2021.
  4. ^ "Q&A US Title 42 Policy to Expel Migrants at the Border". Human Rights Watch. April 8, 2021. Retrieved November 3, 2021.
  5. ^ "U.S. Code, Title 42, Chapter 6A, Subchapter II, Pary G, Section 265". U.S. Government. Retrieved February 13, 2021.
  6. ^ Owen, Quinn; Brantley-Jones, Kiara (August 6, 2020). "CBP chief defends rapid border 'expulsions' as unauthorized crossing attempts grow". ABC News.
  7. ^ Solis, Dianne (February 10, 2021). "White House warns immigrants against travel as new Border Patrol numbers show arrivals are edging upwards". The Dallas Morning News.
  8. ^ a b Barr, Luke; Owen, Quinn (February 4, 2021). "Mexico stops accepting families turned away from the US/Mexico border due to Trump-era COVID-19 order". ABC News.
  9. ^ "District Court Blocks Trump Administration's Illegal Border Expulsions". ACLU. November 18, 2020.
  10. ^ Aquino, Alyssa (January 29, 2021). "DC Circ. Lifts Block On Migrant Children Expulsion Policy". Law360.
  11. ^ Solis, Dianne; Corchado, Alfredo (January 19, 2021). "Will Biden stop the public health order that has turned away migrants nearly 400,000 times?". The Dallas Morning News.
  12. ^ a b "Border Crossing Data - Mexico". Bureau of Transportation. December 31, 2020. Retrieved February 13, 2021.
  13. ^ Shepardson, David Shepardson; Hesson, Ted (February 19, 2021). "U.S. extends travel restrictions at land borders with Canada, Mexico through March 21". Reuters. On Jan. 26, 2021 the U.S. government began requiring nearly all international air travelers to get negative COVID-19 test results within three days of travel, but has no similar requirements for land border crossings.
  14. ^ Miroff, Nick; Sieff, Kevin (February 3, 2021). "Mexico has stopped sending some Central American "expelled" families by U.S. along border". The Washington Post.
  15. ^ Willard, Keenan (February 3, 2021). "Report: Mexico stops accepting Central American families expelled by US along border". KFOX-TV.
  16. ^ Hansen, Claire (June 3, 2021). "Pressure Amps Up on Biden to Rescind Title 42 Border Order". US News & World Report. Retrieved June 29, 2021.
  17. ^ https://video.foxnews.com/v/6266112940001?playlist_id=3386055101001#sp=show-clips
  18. ^ Rose, Joel; Neuman, Scott (2021-09-20). "The Biden Administration Is Fighting In Court To Keep A Trump-Era Immigration Policy". NPR. Retrieved 2021-12-18.

External links[]

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