Pressure is increasing for the Biden administration to end a Trump-era public health order being used to turn away migrants at the U.S. border, as Covid-19 cases drop and pandemic restrictions relax across the country.
Asylum seekers walk to the U.S.-Mexico border as a group of at least 25 immigrants were allowed to travel from a migrant camp in Mexico into the United States on February 25, 2021. | Photo by John Moore/Getty Images
“Right now Title 42 is the only policy they have to manage the volume of arrivals at the border,” said Theresa Cardinal Brown, managing director of immigration and cross-border policy at the Bipartisan Policy Center. “If [it] were to come down suddenly, they would be required to take into custody everybody they encounter and process their asylum claims. They would have a big logistical problem on their hands.
Since then, Ukrainians fleeing the Russian invasion have also run up against Title 42 — and in some cases been exempted. A March 11 memofrom U.S. Customs and Border Protection reminds staff that the CBP is permitted under Title 42 to make exceptions, including for Ukrainian nationals, on a case-by-case basis. The CBP did not respond to a request for information on how many have been made.
Title 42, once an obscure provision of U.S. health law, was first enacted by the Trump administration in the early days of the pandemic, and the Biden administration has continued to renew the order. So far, it has been used to turn away aboutImmigration advocates and human rights groups argue that by not giving migrants arriving at the border the opportunity to claim asylum, the U.S.
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