The Lifting of Title 42 Stirs Debate

By Elaine Wang

With the pandemic came many changes, and with the expiration of the COVID-19 PHE (Public Health Emergency) came many more. A multitude of regulations have reverted to prepandemic norms, and at the forefront of these shifts is US-Mexico border relations. During the pandemic, the US expelled migrants at the Mexican border under 42 U.S. Code § 265, which states that whenever the Surgeon General believes the existence of a communicable disease (like COVID-19) in a foreign country may put American public health at risk, the Surgeon General and the President may work together to modify policy to curb migration temporarily In this case, President Trump enacted Title 42 to put heavy restrictions on migrants from Mexico in March 2020 but remove penalties for repeated attempts at illegal immigration. Previously, migrants could cross illegally and ask for asylum, but under Title 42 this became unfeasible After tough battles in Congress, Title 42 was finally lifted with the rest of the pandemic-era policies, to the dismay of many Republicans claiming it was necessary for national security.

In replacement of Title 42, President Biden enacted controversial policies cracking down on illegal immigration and encouraging legal immigration instead These include dramatic increases in the penalties for repeated attempts at illegal immigration, the requirement of all migrants to use the CBP One phone app to book appointments to apply for asylum, and the allowance of 30,000 Haitians, Venezuelans, Nicaraguans and Cubans per month to apply to work in the US for 2 years with the sponsorship of an American. The number of asylum officers was also increased, and 1,500 active-duty military personnel were deployed to the border to help with paperwork. These policies have been met with mixed reviews from both sides of the immigration debate, with some politicians arguing that these policies are too lax and others arguing that these have made it harder than ever to seek asylum. The Biden administration continues to tighten restrictions on illegal immigrants, but the long-term effects of these policies have yet to be seen.