Title 42 expulsion

Title 42 expulsions are removals by the U.S. government of persons who have recently been in a country where a communicable disease was present. The extent of authority for contagion-related expulsions is set out by law in . During the COVID-19 pandemic, the Trump Administration used this provision (section 265) to generally block land entry for many migrants. The program has been continued by the Biden administration.
The program allows the United States Border Patrol and U.S. Customs to prohibit the entry of persons who potentially pose a health risk, either by virtue of being subject to previously announced travel restrictions or because they unlawfully entered the country to bypass health screening measures. Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit. If they are unable to be returned to the country of last transit, the Border Patrol will work with its interagency partners to expel the person to their country of origin. Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration.
Code.
Title 42 of the United States Code, Chapter 6A, Subchapter II, Part G, Section 265 states:
History.
In March 2020, the Center for Disease Control under the Trump administration issued a public health order allowing for the rapid expulsion of unauthorized border crossers and asylum seekers citing COVID-19 concerns. As it is considered an "expulsion" rather than a "deportation", the migrants are not afforded the right to make a case to stay in the U.S. before an immigration judge. Most migrants subject to Title 42 measures are returned to Mexico within hours. In November 2020, a federal court ordered a halt to the practice in regard to unaccompanied minor children; on January 29, 2021, the stay was lifted by DC Circuit Court of Appeals allowing minors to be expelled pending its review of the case. In February 2021, Mexico stopped accepting families with children under the program. Physicians for Human Rights notes that the policy has been applied unfairly against migrants and asylees and that its stated purpose of containing the spread of COVID-19 is dubious as the U.S. continues to allow millions of people to cross the US-Mexico border weekly.
In early February 2021, the Mexican government announced that it would stop accepting non-Mexican family units with minor children returned to Mexico under Title 42.
Statistics.
Title 42 expulsions by month and by department are as follows: