Section 265 of U.S. Code Title 42—The Public Health And Welfare–usually referred to as “Title 42”–is a provision among U.S. statutes that permits the CDC to prohibit the introduction into the U.S. of individuals when “there is serious danger of the introduction of [a communicable] disease into the United States.”
In response to the Wuhan virus pandemic out of China, Title 42 was implemented on March 20, 2020, by the Trump administration with the intent of closing the U.S. border to foreign migrants who might be a threat to the public health. Though riddled with exceptions, the law has since permitted the return of a majority of illegal migrants coming across our southern border. By October, 2020, 91 percent of border crossers apprehended at the U.S.-Mexico border were being returned to Mexico under the order.
Even under the Biden administration–known opponents of migration restriction–the law has remained in effect. For example, during the month of June, of the 188,829 “encounters” with illegal migrants, a total of 104,907 were expelled under Title 42, though by then the rate of Title 42 enforcement had dwindled to 56 percent.
Most of those being expelled are single adults. Unaccompanied children (UACs) have always been exempt, and many family units have been permitted to enter, in spite of Title 42. There are even reports that migrants known to be infected are being released into the country.
Of course, pro-migration activists in this country and elsewhere have been demanding that the administration rescind the program altogether. The United Nations High Commissioner for Refugees, Filippo Grandi, for example, on May 20 tweeted: “I am appealing to the US government to lift ‘Title 42’ health-related asylum restrictions and fully restore access to asylum for people whose lives depend on it.” In response, rumors surfaced that Title 42 would be terminated by July 31.
Nevertheless, yesterday, August 2, the CDC announced that the program would be renewed “until the CDC Director determines that the danger of further introduction of COVID-19 into the United States from covered noncitizens has ceased to be a serious danger.” The UAC exemption continues.
The key aspect of Title 42 is that it permits the Border Patrol, DHS, etc., to return illegal migrants, but does not guarantee they will be. Even so, the program is a vital tool available to deal with the enormous problem confronting us on our southern border, if only it will be consistently used.
For more, see Breitbart News.