Title 42 expulsions of migrants continues on the southern border. Title 42 is a public health policy that uses a statute from 1893 which the Trump administration used to expel migrants attempting to cross the U.S. border at non-ports of entry. Over a million migrants have been expelled using this law. The law allows the U.S. to expel migrants without due process.
The policy is still used by the Biden Administration due to the ongoing pandemic. It allows the U.S. Customs and Border Protection (CBP) to process those who crossed the border in around 15 minutes. Following the processing, which is done in an outdoor setting, they are immediately expelled at a port of entry that is closest. The quick processing time is in stark contrast to the usual 50 hours for adults and 62 hours for families which was the norm pre-pandemic, according to a report by the Congressional Research Service (CRS)
Within the first few months of 2022, 256,263 migrants have been expelled, according to a report by CBP. This was possible due to the quick processing time and the lack of due process for those seeking asylum. Eleanor Acer, Human Rights First senior director for refugee protection says that “These two facts remain: there is no legitimate public health rationale for this order; and under U.S. and international law, people have the legal right to seek asylum from persecution in this country.” Despite the criticism from immigrant rights activists, the Justice Department is still fighting to keep Title 42’s border restriction despite recent class actions by asylum-seeking migrants.