![]() Five days after Title 42’s expiration, the U.S. Department of Homeland Security (DHS) has been preparing for the end of Title 42 by channeling resources and personnel to the southern border to meet an anticipated increase in unauthorized migrant arrivals. Supreme Court-which previously halted Judge Sullivan’s ruling and allowed Title 42 to remain in place as recently as late-December-has since declined to hear further legal challenges seeking to preserve the policy, deeming them moot by citing the CDC’s decision to terminate its emergency declaration. Sullivan ordered that the policy be vacated last November. Attorneys general in Arizona, Texas, and Florida, among other states, sued to maintain Title 42 after D.C. Immigrants’ rights groups repeatedly sought to end it in court. Title 42 has weathered many federal court challenges over the past three years. The federal government’s lifting of Title 42’s border policies in May coincided with the lifting of the CDC’s emergency declaration. ![]() By the time Title 42 ended in May 2023, the Trump and Biden Administrations had expelled more than 2.8 million migrants, of which an unknown number were repeat crossers. Experts also noted that Title 42 undermined immigration enforcement priorities, as “repeat crossers” accounted for a quarter of migrant encounters at the southern border. Critics of the policy also argued that it perpetuated a racist trope of migrants as disease vectors and facilitated abuses of migrants’ human rights. Immigration experts argued that Title 42 violated international law. Indeed, these experts criticized the policy as an opportunistic anti-immigration measure spearheaded by certain White House officials. Public health experts condemned Title 42 as ineffective in halting the virus’s transmission. The Trump Administration implemented Title 42 with the stated intention of mitigating COVID-19 transmission, despite President Trump’s insistence that the virus was not severe and that preventative measures such as lockdowns would do more harm than good. From 2020 to 2023, the federal government used this provision to impose entry restrictions that allowed it to expel adults and unaccompanied minors seeking asylum at the U.S. ![]() Colloquially referred to as Title 42, this statutory provision permits the federal government to suspend the entry of goods and foreign nationals in the interest of public health. At the height of the COVID-19 pandemic, the Director of the Centers for Disease Control and Prevention (CDC) invoked a little-known provision of the U.S.
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