Should Biden Reconsider Title 42 as a Border Measure?

The controversy over the continuation of Title 42

The controversy over the continuation of Title 42

There is currently a great deal of debate about whether to stop the implementation of the Title 42 measure, which is allowing for the mass deportation of immigrants apprehended in border territory.

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Title 42 clarifications

Title 42 is a statute in the US Code that seeks to safeguard public health during a sanitary emergency. The Trump administration put this measure to use in 2020 following the first outbreak of COVID-19.

However, its implementation has generated great controversy as it involves the expulsion of hundreds of thousands of political asylum seekers and other vulnerable immigrant communities.

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Implementation considerations

A recent publication of The Hills lays out several points to keep in mind about the implementation of Title 42, including:

  • The legislation for Title 42 was created in 1944 and does not include medical developments available today, therefore, it is outdated.
  • This measure may contribute to public health as long as contagion controls are carried out prior to arrival in the country. For this reason, it does not have the same effect when applied to people who are already at the border and are then expelled.

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The Biden administration and the CDC support continuation of Title 42

The Biden administration gave the Centers for Disease Control and Prevention (CDC) the authority to determine the timing of Title 42 implementation.

In its most recent evaluation, the CDC stated that, due to the spread of new COVID-19 variants such as Omicron, the measure should continue in effect until the next evaluation, which will take place in 60 days.

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Immigrant advocates reject Title 42

Immigration advocates reject the measure, arguing that it does not measure the negative effect on the lives of asylum seekers since, upon removal, they must face various rights-violating situations.

Other than that, they point out that Title 42 does not provide any guarantee to prevent the spread of the virus, so they propose that the CDC create strategies beyond express deportations and provide prevention options for political asylum seekers, allowing them to continue with their legal application within the country.

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Give yourself the opportunity to immigrate safely and with dignity

If you, a family member, or a friend need help with an immigration case, then feel free to contact Motion Law Immigration today and schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

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