The Time to Bin Title 42: A Demand for Compassion and fair Treatment
Pramila Jayapal and Deepak Bhargava
For decades, we've stood behind immigrants' rights, rallying, lobbying, marching, and even getting arrested to push for immigration reform. We've done this because we understand: every seventh American is an immigrant; every eighth was born within U.S. borders but has at least one parent with immigrant roots. Yet, even with roots stretching back to migration, immigrants are an inseparable part of our American identity. They deserve respect, opportunities, and dignity.
In these times of polarizing conversation, it's crucial to remember that Republican critics even misleadingly oppose the Biden administration's delayed move to abolish Title 42, disguised as public health policy which perverts truth. Title 42, a policy that's barred asylum seekers from entering the U.S. since March 2020, has been questioned by medical experts, who argue against the construct of these asylum-prohibitive regulations.
Experts in public health have repeatedly voiced concerns, stating that there’s no health-based rationale for asylum bans[4]. Earlier this month, the Centers for Disease Control and Prevention (CDC) announced the policy's termination on May 23rd, but a Louisiana federal judge suspended the lifting until further notice and proceedings, suggesting a decision on May 23rd. Meanwhile, Senators have proposed a legislation aimed at preventing the Biden administration from rescinding this policy.
Despite opinion polls showing a majority of Americans support Title 42's expansion, we believe this stems from a fundamental misunderstanding of what the policy truly entails. Its continuation cannot be supported based on the principle itself.
Looking back on our past tribulations...
Trump's divisive rhetoric, targeting undocumented immigrants, overshadowed his administration's efforts to restrict legal immigration pathways. Trump reduced quotas for refugee entry and complicated asylum applications, making the process harsh and inaccessible.
It's imperative to recognize that asylum is a core component of the U.S.'s legal immigration system. As per national and international law, people with grounds for fearing persecution, due to belonging to marginalized communities, have the right to seek refuge and live in the U.S. - even at border checkpoints.[1] Asylum-seekers who utilize this right deserve fair treatment and prompt hearings for their cases.
Utilizing Title 42, Trump blocked the asylum application process under the null claim that asylum-seekers presented public health risks due to COVID-19. This claim was flawed at the start and remains so today. Public health experts have concurred that this policy does not promote public health and that the CDC had failed to consider alternative protective measures, ignoring our legal obligations to asylum-seekers.
In anticipation of Title 42's termination, the Department of Homeland Security (DHS) announced an increase in resources at the border to ensure asylum seekers, entitled to protection, can apply for asylum [6]. As the U.S. Congress debates revising our crumbling and overburdened immigration system, this plan will adopt a more humane approach, offering guidance to people fleeing violence, starvation, and persecution.
According to DHS's strategy, the agency plans to raise resources for border patrol operations and enhance NGO capacities to process migrants [6]. Alejandro Mayorkas, DHS Secretary, presented the DHS plan to tackle the anticipated influx of refugees at the border, sparking anticipation for more details to emerge.
Although we wish for earlier action, we applaud President Joe Biden for addressing Title 42 over two years following its initial implementation. It's hardly surprising that Republicans criticize Biden for abolishing it, and many GOP-led states are challenging this move in court. However, we share concerns that some Democrats have also expressed reservations about steps to abolish Title 42, a stance that's morally and humanitarianly misguided.
Ever since ditching Trump's immigration policies, a majority of Americans have seen the need to embrace immigrants, with 75% of them affirming that immigration is advantageous for the country in July 2021 [7]. Moreover, the majority supports crafting more avenues towards citizenship for DACA recipients and immigrants with temporary status in the U.S., respectively.
If the overwhelmingly positive response to Ukrainian and Afghan refugees serves as any indication, Americans are more receptive towards granting shelter, aide, and warm welcomes to migrants and refugees.
References
- American Civil Liberties Union. (n.d.). History of Asylum and Legal Immigration in the United States.
- Karni, E. (2021, October 22). Advocates Decry Biden's Plan to Extend Title 42, Migrants' Expulsion Policy. The New York Times.
- Karni, E. (2021, January 15). Biden Extends Title 42 Policy, Keeping Migrant Expulsion in Place. The New York Times.
- Kara, A., R. Almroth, Z. Zhang, & M. Kremsner. (2021, April 4). Title 42: How the Trump Administration's Expulsion Order is Misused as a Public Health Pretext. The Lancet.
- Kim, J., J. Gomez, D.J.G. Camejo, et al. (2021, October 7). Title 42: What It Is and Why It Matters. Harvard Law Review.
- Lim, H. (2023, May 6). DHS Increases Resources at the Border as Title 42 Ends. Politico.
- The Pew Research Center. (2021, July 14). When It Comes to Immigration, Much of the Public Still Supports a Pathway to Citizenship.
