What is Title 42? Covid migration control law from Trump era lapses, leading to worries of new influx

Finally on May 11 at 11:59 PM (05:59 GMT) a controversial theTrump-era immigration policy "Title 42" is all set to expire. US officials are now preparing for an influx of immigrants at the US-Mexico border. This decision has been fuelling the immigration debate ahead of the upcoming 2024 presidential elections. The policy has been heavily criticised by some Democrats and immigration advocates as they believe it has been preventing many asylum seekers from coming into the country. However, Republicans have been arguing to let the policy remain in place to stop the "illegal borader crossings." Now the question is what will the Biden administration do? What will happen if Title 42 is gone? Scroll to read more. 

What is Title 42?

Dating back to 1944, Title 42 or also known as the Public Health Act, grants US authorities emergency powers to prevent the spread of disease. The rule was imposed by Trump in March 2020, apparently to stop the spread of coronavirus across the country. Using the law and the pandemic as justification, the US authorities were able to expel migrants attempting to cross the border from Mexico, including those seeking humanitarian asylum.

Even the US Centres for Disease Control and Prevention (CDC) said that the order was necessary for crowded migration detention camps to stop the spread of the deadly virus. According to the data from US Customs and Border Protection, during the 2021-2022 fiscal year, over two million people were expelled under the policy. 

Later in 2021, after President Joe Biden came into power, his administration kept the policy in place and continued to defend it as a public health measure for over a year. 

Why has the use of Title 42 been controversial?

Immigration advocates and humanitarian groups accused Trump of using the pandemic as an excuse to deny thousands of people migrating to the US the chance for humanitarian relief through asylum. 

The groups have also been accusing the Biden administration of continuing to use it. The groups have argued that the measure strokes racism and allows for discrimination because many countries had been exempt. However, following the accusations, the Biden administration allowed some 30,000 people to enter the country through humanitarian parole. 

What is currently happening?

The Biden administration plans to lift Title 42 when the US Covid public emergency ends. This means the migrants crossing the border will be able to request asylum again. The officials are currently preparing for the illegal influx. 

What happens next once Title 42 is gone?

After the law is lifted, the Biden administration plans to issue a new regulation that would deny asylum to most migrants crossing if they passed through another country en route to the US without seeking any protecting or failing to use legal pathways.

The authorities aim to process migrants in days and swiftly deport them if they fail in an initial asylum screening. 

Some 500 US Citizenship and Immigration Services (USCIS) personnel will be temporarily assigned to help with the interviews and even Pentagon will be sending 1,500 troops to help with the border patrol.

(with inputs from agencies)

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