Title 42 explained: The obscure public health policy at the center of a U.S. border fight
LA TimesA U.S.-bound caravan of more than 500 migrants, including many Haitians and Central Americans, and including many families, embarked on foot from southern Mexican city of Tapachula on Sept. 4. Under Title 42, the vast majority of the migrants would have been turned away from the U.S. At the center of today’s most heated immigration debate is a decades-old health statute dusted off by the Trump administration that is reshaping U.S. policy at the border. Public health experts say people who refuse to get vaccinated — not migrants — are driving the increase of infections in the U.S. Last month, former CDC officials wrote a letter to the Biden administration condemning the current policy as “scientifically baseless and politically motivated.” They said that measures including masking, social distancing, quarantine and vaccination effectively prevent the spread of COVID-19. Sometimes the Title 42 policy is confused with another Trump administration policy known as the Migrant Protection Protocols, or MPP, more commonly referred to as “Remain in Mexico.” Under that 2019 policy, U.S. immigration officers direct migrants from countries other than Mexico to stay there while their cases weave through the immigration court system. Justice Department lawyers argued in a court filing afterward that halting Title 42 would require the government to detain people for immigration processing “in facilities that are not equipped for physical distancing, quarantine, or isolation at the best of times, and that are now substantially over their COVID-restricted capacity.” A federal appellate court later temporarily granted the Biden administration permission to continue the use of Title 42 to quickly expel migrants with children stopped along the U.S. border.