On March 20, 2020, the Centers for Disease Control and Prevention (CDC) issued an order that “suspends the introduction of certain persons from countries where an outbreak of a communicable disease exists.” That order is called “42 U.S. Code § 265 – Suspension of entries and imports from designated places to prevent spread of communicable diseases,” or simply “Title 42.” Under that policy, illegal migrants crossing our southern border can be quickly returned to Mexico.
Title 42 was used more or less effectively during the Wuhan virus pandemic that began in 2020. Although Mexico has balked at receiving some non-Mexican migrants and the policy has been waived in the case of unaccompanied minors and some families, Title 42 is still in effect as of July of 2021. In May, for example, of the 180,034 migrants attempting to cross into the U.S., 112,302 individuals were immediately expelled under the program.
“Without Title 42, the already inundated facilities would explode with migrants, and our nation would suffer lasting and irreparable consequences,” wrote a group of GOP representatives in a June letter. On Tuesday of this week, Senator Ted Cruz (R-TX) said, “Title 42 has been an integral and extremely successful measure to protect America’s borders and our people during the COVID-19 pandemic.”
Yet speculation is that the Biden administration may soon end the program, perhaps as early as July 31.
For that reason, Cruz and a group of fellow Republican senators have announced their plans to codify and extend the program through a bill they call “Securing the Homeland from International Entrants with Life-threatening Diseases, or SHIELD.”
The bill is certain to be opposed by Democrats in Congress and in the White House. We’ll see what happens.
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