The Trump Administration is preparing to revive the Title 42 policy, originally enacted during the COVID-19 pandemic, aimed at swiftly expelling immigrants without due process. Under this public health order, which has already been invoked over three million times since its inception, border officials would once again have the authority to deport asylum-seeking immigrants based on health claims, particularly concerns about communicable diseases like tuberculosis.
Donald Trump's renewed focus on Title 42 follows substantial reductions in illegal crossings at the U.S.-Mexico border, with reports from Border Patrol Chief Mike Banks indicating less than 300 illegal crossings per day recently, reflecting a 90 percent decrease from February 2024 levels, as noted by CBS News.
This policy revival would be enabled by the Public Health Service Act under Title 42 of U.S. code, which permits authorities to block individuals from entering the country on grounds of being public health risks—an action juxtaposed against traditional federal immigration laws and international human rights accords.
Since his administration took office, Trump has undertaken extensive action against immigration. These measures include shutting down programs initiated under Biden, such as apps meant for processing asylum requests before migrants reach the border, and re-emphasizing deportations, which he claims fall under his authority as outlined by the Immigration and Nationality Act.
According to internal documents accessed by CBS News, Trump plans to enforce Title 42 again, stating migrants could be swiftly returned to their home countries or sent to other nations willing to accept them. This directive would use the Centers for Disease Control and Prevention (CDC) as the administrative body enforcing these expulsion guidelines.
Critics of the proposal have raised concerns about the characterization of immigrants as public health threats. The revival of Title 42 has drawn fire from immigrant advocacy groups and families of detained immigrants. Lawsuits are already being prepared against this move, which violates established rights for asylum seekers protected under federal and international agreements.
Stephen Miller, one of the architects behind Trump's immigration policies, has advised the former president to invoke Title 42 once more, arguing it addresses significant public health issues associated with immigration. He suggests this policy is necessary due to threats posed by diseases, including strains of the flu and tuberculosis.
Recent reports highlight concerns about tuberculosis (TB), with 10,000 cases recorded and 600 deaths linked to the disease within the United States last year, as stated by the World Health Organization. Scott Gottlieb, former FDA commissioner, has questioned the rationale behind utilizing TB as justification for border expulsions, pointing out the relative risk assessment of TB among migrants compared to general immigrant populations entering the U.S. from various nations worldwide.
Gottlieb's remarks reflect broader skepticism within public health circles concerning the use of Title 42. He argues, "I think, just purely from an objective public health standpoint, there's probably parts of the world where we have immigrants coming in... provide a larger risk... than across the border." This suggests the administration’s strategy may be more politically driven than grounded purely in public health concerns.
Opposition claims this revival of Title 42 is part of Trump's broader anti-immigration agenda, which aims to diminish legal routes for asylum seekers and restrict immigration altogether. Political analysts suggest the potential for intensifying polarization around border policy as Trump reasserts this controversial measure at the forefront of his immigration strategy.
Immigrant communities and advocacy groups are poised to respond strongly as tensions rise around the revival of Title 42. This policy shift has the potential to exacerbate already-existing fears and wrongful assumptions about immigrants, complicate humanitarian efforts, and deepen divides surrounding the immigration debate within the U.S.
With the Trump administration once again spotlighting Title 42, the consequences of this policy’s re-implementation will be closely monitored by advocates, policymakers, and public health experts alike, as the interplay between immigration enforcement and public health claims figures prominently on the political agenda. The impact of re-enacting such significant policy will ripple through communities and shape national discourse on immigration for years to come.