Title 42: The Controversial Law Used to Expel Migrants During COVID-19

 

The United States government has been using Title 42, a public health law that allows for the immediate expulsion of individuals who may pose a risk of spreading infectious diseases, to justify the expulsion of migrants arriving at the southern border during the COVID-19 pandemic. This has been a controversial policy, with critics arguing that it violates the rights of asylum-seekers and that there is no evidence to suggest that it has been effective in preventing the spread of the virus.

The Biden administration has indicated that it plans to continue using Title 42, despite pressure from advocates and some lawmakers to end the policy. However, the administration has said that it will review the policy on a rolling basis and make adjustments as necessary. Some have suggested that the administration could narrow the scope of Title 42 to exclude vulnerable populations, such as families with young children, or require that migrants be tested for COVID-19 before being expelled.

The use of Title 42 has also faced legal challenges, with several lawsuits arguing that the policy is unconstitutional and discriminatory. While some lower courts have ruled against the policy, the Supreme Court has allowed it to remain in place for now. However, the issue is likely to continue to be litigated in the coming months and years.