Title 42

Title 42 is a section of the United States Code that allows the government to expel undocumented immigrants at the border during a public health emergency. The Trump administration has used Title 42 to expel over 1 million undocumented immigrants since March 2020.

Background

Title 42 was originally enacted in 1944 as part of the Public Health Service Act. It gives the Secretary of Health and Human Services the authority to take measures to prevent the introduction of communicable diseases into the United States.

Purpose

The Trump administration has argued that Title 42 is necessary to prevent the spread of COVID-19. However, public health experts have criticized the use of Title 42, arguing that it is not an effective way to control the spread of the virus.

Scope

Title 42 applies to all undocumented immigrants who are apprehended at the border. It does not apply to asylum seekers, who are entitled to a hearing before an immigration judge.

Enforcement

The Trump administration has used Title 42 to expel undocumented immigrants at the border in large numbers. In the first year of the pandemic, over 1 million undocumented immigrants were expelled under Title 42.

Judicial review

Several lawsuits have been filed challenging the Trump administration’s use of Title 42. In June 2021, a federal judge in Texas ruled that the administration’s use of Title 42 was illegal. However, the Biden administration appealed the ruling, and the case is still pending.

Constitutionality

There is some debate over whether the Trump administration’s use of Title 42 is constitutional. Some legal experts argue that the administration is overstepping its authority by using Title 42 to expel undocumented immigrants who are seeking asylum.

Expiration

Title 42 is set to expire on March 31, 2023. However, the Biden administration has indicated that it may extend the use of Title 42 beyond that date.

Related legislation

The Biden administration has proposed legislation that would repeal Title 42. The bill, which is called the “Remain in Mexico” Act, would require undocumented immigrants who are apprehended at the border to wait in Mexico while their asylum claims are processed.

FAQ

Q: What is Title 42?
A: Title 42 is a section of the United States Code that allows the government to expel undocumented immigrants at the border during a public health emergency.

Q: Why is Title 42 being used to expel undocumented immigrants?
A: The Trump administration has argued that Title 42 is necessary to prevent the spread of COVID-19. However, public health experts have criticized the use of Title 42, arguing that it is not an effective way to control the spread of the virus.

Q: Does Title 42 apply to asylum seekers?
A: No, Title 42 does not apply to asylum seekers, who are entitled to a hearing before an immigration judge.

Q: How many undocumented immigrants have been expelled under Title 42?
A: In the first year of the pandemic, over 1 million undocumented immigrants were expelled under Title 42.

Q: What is the legal basis for the Trump administration’s use of Title 42?
A: The Trump administration has argued that Title 42 gives the government the authority to expel undocumented immigrants during a public health emergency. However, some legal experts argue that the administration is overstepping its authority by using Title 42 to expel undocumented immigrants who are seeking asylum.

Q: When does Title 42 expire?
A: Title 42 is set to expire on March 31, 2023. However, the Biden administration has indicated that it may extend the use of Title 42 beyond that date.

Q: What is the Biden administration doing to repeal Title 42?

II. Background

Title 42 is a provision of the United States Code that authorizes the Secretary of Health and Human Services (HHS) to take measures to prevent the introduction of communicable diseases into the United States. The provision was originally enacted in 1944 in response to the global spread of influenza.

In March 2020, the Trump administration invoked Title 42 to justify the expulsion of undocumented immigrants at the border. The administration argued that the COVID-19 pandemic posed a public health threat and that the expulsions were necessary to prevent the spread of the virus.

The use of Title 42 to expel undocumented immigrants has been controversial. Critics argue that the policy is inhumane and that it violates the rights of asylum seekers. They also argue that the policy is ineffective at preventing the spread of COVID-19.

The Biden administration has said that it will end the use of Title 42 to expel undocumented immigrants. However, the administration has not yet announced a specific timeline for ending the policy.

III. Purpose

Title 42 was originally enacted in 1944 as part of the Public Health Service Act. It gives the Secretary of Health and Human Services (HHS) the authority to take measures to prevent the introduction of communicable diseases into the United States.

In March 2020, the Trump administration invoked Title 42 to justify the expulsion of undocumented immigrants at the border. The administration argued that the COVID-19 pandemic posed a public health threat and that expelling immigrants was necessary to prevent the spread of the virus.

Title 42 has been controversial since it was first invoked. Critics argue that the policy is being used as a pretext to keep undocumented immigrants out of the country, and that it violates the rights of asylum seekers.

The legality of Title 42 has been challenged in court. In June 2021, a federal judge in Texas ruled that the policy was illegal, but the ruling was later overturned by the Supreme Court.

The Biden administration has said that it plans to end the use of Title 42, but it has not yet announced a specific timeline.

Title 42 applies to any person who is “physically present in the United States” and who is “subject to [the] immigration laws of the United States.” This includes both undocumented immigrants and asylum seekers.

However, Title 42 does not apply to citizens of the United States, lawful permanent residents, or individuals who have been granted asylum or refugee status.

Title 42 also does not apply to individuals who are seeking to enter the United States at a port of entry. These individuals must be processed through the regular immigration process.

V. Enforcement

Title 42 is being enforced by the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS). DHS is responsible for apprehending undocumented immigrants at the border and either returning them to Mexico or detaining them in the United States. HHS is responsible for providing care for undocumented immigrants who are detained in the United States.

DHS has implemented a number of measures to increase the number of undocumented immigrants who are being expelled under Title 42. These measures include:

• Expanding the number of ports of entry where undocumented immigrants are being expelled
• Using mobile checkpoints to apprehend undocumented immigrants in remote areas
• Repurposing facilities that were previously used for other purposes to house undocumented immigrants who are being expelled
• Decreasing the amount of time that undocumented immigrants are being detained in the United States

HHS has also implemented a number of measures to increase the number of undocumented immigrants who are being expelled under Title 42. These measures include:

• Expanding the number of facilities that are available to house undocumented immigrants who are being expelled
• Providing medical care for undocumented immigrants who are being expelled
• Repatriating undocumented immigrants to their home countries as quickly as possible

The enforcement of Title 42 has been controversial. Critics of the policy argue that it is inhumane and that it violates the rights of undocumented immigrants. They also argue that the policy is ineffective and that it is not doing anything to deter undocumented immigration.

Supporters of the policy argue that it is necessary to protect the health and safety of the United States. They also argue that the policy is legal and that it is an effective way to deter undocumented immigration.

VI. Judicial review

Title 42 has been challenged in court by a number of groups, including the American Civil Liberties Union (ACLU), the Center for Constitutional Rights (CCR), and the National Immigration Law Center (NILC).

In March 2020, a federal judge in Texas ruled that Title 42 was illegal, but the Trump administration appealed the ruling. In June 2020, a federal appeals court upheld the lower court’s ruling, but the Trump administration asked the Supreme Court to review the case.

In July 2020, the Supreme Court ruled that the lower court’s ruling was “stayed pending the disposition of the government’s appeal.” This means that Title 42 remains in effect while the Supreme Court considers the appeal.

The Supreme Court is expected to rule on the appeal in the fall of 2020. If the Supreme Court upholds the lower court’s ruling, Title 42 will be struck down and the Trump administration will no longer be able to use it to expel undocumented immigrants at the border.

VII. Constitutionality

There are a number of legal challenges to Title 42, arguing that the policy violates the due process clause of the Fifth Amendment, the equal protection clause of the Fourteenth Amendment, and the Immigration and Nationality Act (INA).

The due process clause argument is based on the fact that Title 42 denies undocumented immigrants the opportunity to seek asylum, which is a fundamental right under international law. The equal protection clause argument is based on the fact that Title 42 treats undocumented immigrants differently from other noncitizens who are seeking entry into the United States. The INA argument is based on the fact that Title 42 exceeds the authority granted to the executive branch by the INA.

The courts have not yet ruled on these challenges, but it is likely that they will eventually be resolved by the Supreme Court. The outcome of these cases could have a significant impact on the future of Title 42 and the Trump administration’s border control policies.

Expiration

Title 42 is set to expire on March 31, 2023, unless it is extended by Congress. The Biden administration has indicated that it does not plan to extend Title 42, but it is possible that Congress could pass legislation to do so.

If Title 42 expires, it is likely that the number of undocumented immigrants arriving at the border will increase significantly. This could put a strain on resources at the border and could lead to more humanitarian challenges.

The Biden administration has proposed a number of measures to address the expected increase in migration, including increasing the number of judges hearing asylum cases, expanding the capacity of detention facilities, and providing more resources for border patrol agents.

It is unclear how effective these measures will be in deterring undocumented immigration. However, the Biden administration is committed to taking a humane approach to immigration, and it believes that these measures will help to ensure that migrants are treated fairly and that their rights are protected.

IX. Related legislation

Title 42 is not the only legislation that has been used to justify the Trump administration’s policy of expelling undocumented immigrants at the border. Other relevant legislation includes:

• 8 U.S.C. 1182(f), which authorizes the Attorney General to “suspend the entry of all aliens or any class of aliens into the United States” during a time of “national emergency”
• 8 U.S.C. 1225(b)(1)(A)(ii), which authorizes the Secretary of Homeland Security to “remove an alien apprehended at a border or external land port of entry without further hearing” if the alien is determined to be inadmissible under 8 U.S.C. 1182(a)(1)(A) (entry without inspection)