The Trump administration is preparing to reinstate Title 42, the public health order originally implemented during the COVID-19 pandemic, which enabled authorities to prevent migrants from entering the United States. According to CBS News, the administration plans to categorize migrants as public health risks, asserting they might spread diseases like tuberculosis. Officials from the Department of Homeland Security (DHS) and the Centers for Disease Control and Prevention (CDC) did not respond to requests for comment from The National News Desk.
Title 42, used extensively during the height of the pandemic, continued under President Joe Biden until the official end of the COVID-19 public health emergency last May. Critics of Title 42 claim it acted more as a mechanism to suspend immigration rather than solely to protect public health. Justice Neil Gorsuch noted during debates on Title 42 in 2022, stating, “the current border crisis is not a COVID crisis.”
Kevin R. Johnson, an expert on immigration law at the University of California, Davis, describes Trump’s renewed focus on immigration as politically motivated. He said, “It seems to be bent on closing the borders, whatever the cost.” Trump, who built much of his political image on immigration hardline policies, implemented numerous significant policies upon taking office. These included increasing raids by the U.S. Immigration and Customs Enforcement (ICE) and attempting to abolish birthright citizenship.
On his first day as president, Trump proclaimed the need to protect states from what he called “an invasion at the southern border” and put forward executive orders to suspend the U.S. refugee program. Recently, Trump faced a setback as a federal judge blocked his attempt to halt the refugee resettlement program, highlighting the legal challenges associated with his immigration policies.
Johnson criticized the rationale behind reintroducing Title 42, stating, “You certainly can infer…that really the effort here isn’t to combat tuberculosis or anything likethat but is to close the border at any cost.” He pointed out the troubling trend of asylum seekers being expedited for removal without any judicial review since Trump’s presidency began. He emphasized how Title 42 would be yet another tool for the administration to seal the border more efficiently.
Despite these measures, border crossings have substantially declined since Trump’s administration. The DHS reported last week a drop of 93% in daily border encounters. Homeland Security Secretary Kristi Noem confirmed this finding, stating the country encountered the lowest figures for illegal immigrants along the southern border this past weekend.
Title 42’s reintroduction, as proposed, would not only reduce the number of migrants entering the U.S. but would also facilitate swift denials of entry. Johnson described this new approach as “a fast and efficient way of denying entry to the country.” Trump’s focus on immigration continues to generate debate about its efficacy and legality, evidenced by the pushback from courts and varying reactions across the political spectrum.
Each of these developments exposes the complex interplay between the executive branch, public health policy, and immigration law. Critics argue this renewed use of Title 42 seems less about health and more about political strategy. The legal ramifications of these policies will likely continue to evolve as challenges arise, maintaining immigration as a contentious issue within U.S. politics.