Bordertool banned4/19/2023 ![]() ![]() to escape economic and political turmoil - are limited or rejected by the governments there, and deportation flights to other far-flung countries are costly and not as frequent. Since Mexico has only officially accepted the returns of its citizens and nationals of Guatemala, Honduras, El Salvador and Venezuela, Title 42 is mainly applied to adult migrants from these countries.ĭeportations to Cuba, Nicaragua and Venezuela - which have seen tens of thousands of their citizens flee to the U.S. Because of this, the Mexican government largely dictates who the U.S. has carried out some expulsions via flights to return migrants to countries like Haiti, most migrants processed under Title 42 are expelled back to Mexico. But the law underpinning Title 42 does not authorize expulsions on the basis of reducing or deterring illegal migration. The 19 Republican-led states that convinced the Supreme Court to delay Title 42's end have mainly relied on the argument that lifting it will fuel an even greater increase in migrant arrivals. Title 42's public health basis is also rarely invoked by those who support the measure. In April, however, the CDC said it could no longer authorize Title 42 because of improving pandemic conditions, including increased vaccination rates.īut the stated rationale behind Title 42 has been contested by public health experts, including CDC officials, some of whom have said the agency faced political pressure to enact the measure, despite insufficient data to justify it. code, gives officials "the power to prohibit, in whole or in part, the introduction of persons and property" to stop the spread of a contagious disease.įor over two years, the CDC argued that Title 42 was needed to prevent coronavirus outbreaks inside border facilities and protect public health resources. The law the government has cited to expel migrants, found in Title 42 of the U.S. Does the policy have a public health basis? ![]() 27, the Supreme Court said it would suspend the lower court order that found Title 42 to be illegal until it decided whether the Republican-led states should be allowed to intervene in the case, likely postponing the policy's termination for months. After their request was denied by lower courts, the states asked the Supreme Court to intervene. Nineteen Republican-led states asked several courts to delay Title 42's rescission indefinitely, warning that chaos would ensue otherwise. At the request of the Biden administration, the judge gave border officials 5 weeks, until Dec. 15, another federal judge declared Title 42 unlawful, saying the CDC had not properly explained the policy's public health rationale or considered its impact on asylum-seekers. However, at the request of a coalition of Republican-led states, a federal judge in Louisiana barred officials from ending Title 42, saying the Biden administration had not taken adequate steps required to terminate the policy. The CDC determined in April that the rule was no longer needed to curb COVID outbreaks, citing improving pandemic conditions. While the Biden administration continued the expulsions for over a year and initially defended them as necessary to safeguard public health, it decided to discontinue Title 42 in the spring of 2022. Migrants wait at the U.S.-Mexico border wall in El Paso, Texas, on Dec. ![]() ![]() When the Centers for Disease and Control Prevention invoked Title 42 in early 2020, the Trump administration said the policy would be a temporary measure to control the spread of the coronavirus. Why is the Supreme Court debating Title 42's future? Here are the facts about the legal battle over Title 42, how the rule is currently being enforced and what its potential termination could mean for U.S. ![]()
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