Despite the administration justifying this new invocation of Title 42 as a response to concerns about the spread of diseases, some public health experts question the necessity of the measure.
According to former FDA Commissioner, Dr. Scott Gottlieb, the incidence rates of tuberculosis in the countries from which migrants come are not exceptionally high compared to other places in the world.
The possible reinstatement of Title 42 will also face some legal challenges, mainly fostered by sectors affiliated with the Democratic Party.
The administration of Donald Trump plans to revive a policy from his previous term known as Title 42, which allows the rapid expulsion of migrants at the southern border of the United States for public health reasons, citing the risk of spreading diseases like tuberculosis.
According to internal reports, the Centers for Disease Control and Prevention (CDC) are preparing an order to classify undocumented migrants as public health risks.
This measure would allow border officials to expel migrants without processing them under federal immigration laws, which would include denying their right to apply for asylum.
The Title 42 policy was initially implemented by the Trump administration in 2020 at the beginning of the COVID-19 crisis, under the correct argument of protecting public health.
La medida permitiría a los agentes fronterizos deportar a los inmigrantes ilegales sin procesarlos
Although Democratic President Joe Biden maintained the measure at the beginning of his term, he eliminated it in May 2023 by declaring the end of the health emergency due to the pandemic.
However, the revival of this policy is presented in the context of a tightening of Trump's immigration policies, which remains a key issue in his second term.
The new measure would be based on the Public Health Service Act, part of Title 42 of the United States Code, and would allow border agents to expel migrants to Mexico, their country of origin, or third countries willing to accept them, without the need to follow the usual asylum application process.
La gestión Biden mantuvo la medida hasta el año 2023
This measure adds to other restrictive policies implemented by the Trump administration, such as the use of proclamation 212(f), which allows the expulsion of migrants under the argument that their arrival represents a threat to the country.
Algunos detractores de la medida argumentan que no es necesaria la reinstauración de la ley
The American Civil Liberties Union (ACLU) has filed lawsuits that could jeopardize the validity of proclamation 212(f), but not immediately.
The implementation of Title 42 in combination with other immigration policies of President Trump seems to have as its main objective to curb the entry of dangerous migrants, rather than processing them according to current legislation.
The Trump administration is preparing to revive a highly effective health policy for the rapid expulsion of migrants, correctly appealing to public health as justification.
La ACLU ha presentado demandas contra la eficiente medida
This kind of measures will seek on the other hand to provide relief to the social security system in the United States, as well as to the border and immigration security forces.
Public opinion about this kind of policies is extremely positive, as the majority of the American population supports President Trump in his crusade against illegal immigration.
