Biden’s Border Crisis & Title 42

On March 4, in the case of Huisha-Huisha v. Mayorkas, the U.S. Court of Appeals for the D.C. Circuit upheld Title 42 — a public-health order that’s being used to turn away asylum-seekers at the border — but defined a crucial caveat. The court ordered that migrants can continue to be expelled under the policy but “only to places where they will not be persecuted or tortured.”

Title 42 was issued by the Centers for Disease Control on March 21, 2020, and reissued October 13, 2020, under the Trump administration. The order stated that migrants traveling through Canada and Mexico into the United States posed “a serious danger of the introduction of COVID-19 into the United States” and that “temporary suspension is necessary to protect the public health.” Under Title 42, according to Customs and Border Protection (CBP), migrants will not “be held in congregate areas for processing” and will “immediately be expelled to their country of last transit.”

About the Author

Carine Hajjar

Carine Hajjar, a former National Review intern, is a Joseph Rago Fellow at the Wall Street Journal.

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On March 4, in the case of Huisha-Huisha v. Mayorkas, the U.S. Court of Appeals for the D.C. Circuit upheld Title 42 — a public-health order that’s being used to turn away asylum-seekers at the border — but defined a crucial caveat. The court ordered that migrants can continue to be expelled under the policy but “only to places where they will not be persecuted or tortured.”

Title 42 was issued by the Centers for Disease Control on March 21, 2020, and reissued October 13, 2020, under the Trump administration. The order stated that migrants traveling through Canada and Mexico into the United States posed “a serious danger of the introduction of COVID-19 into the United States” and that “temporary suspension is necessary to protect the public health.” Under Title 42, according to Customs and Border Protection (CBP), migrants will not “be held in congregate areas for processing” and will “immediately be expelled to their country of last transit.”