In March 2020, the Trump administration put into place one of the most controversial and restrictive immigration policies ever implemented at the U.S. border — and in January, President Biden quietly continued it.
The Biden administration says the Trump-era policy known as Title 42, which relies on a 1944 public health statute to indefinitely close the border to “nonessential” travel, remains necessary to limit the spread of the coronavirus. At the same time, Biden officials say, migrants at the southern border still can seek protection in the United States, a right afforded to them under U.S. law.
Yet since March 20, 2020, when the Centers for Disease Control and Prevention issued its order invoking Title 42, U.S. border officials have claimed unchecked, unilateral authority to summarily expel from the country hundreds of thousands of immigrant adults, families and unaccompanied minors who didn’t have prior permission to enter, without due process or access to asylum — let alone testing for the coronavirus.
In a year of Title 42, of more than 650,000 encounters with migrants at the U.S.-Mexico border, fewer than 1% have been able to seek protection, the Los Angeles Times has learned…
“The Biden administration’s use of Title 42 is flatly illegal,” said Lee Gelernt of the American Civil Liberties Union, who sued the Trump administration over the policy, which the Biden administration is defending in court. “There is zero daylight between the Biden administration and Trump administration’s position.”
Experts said Biden’s decision to exempt minors from expulsion will keep the numbers flowing. “It’s a no-brainer”, said Jasmin Singh, a New York-based immigration lawyer. “It’s all kids at the moment,” said one person in Guatemala involved in the smuggling, or coyote, trade.