Why Title 42 Is at the Center of the Border Crisis

US
Migrants expelled from the U.S. and sent back to Mexico under Title 42 walk towards Mexico at the Paso del Norte International border bridge, in this picture taken from Ciudad Juarez, Mexico, September 9, 2021. (Jose Luis Gonzalez/Reuters)
Biden inherited the policy from Trump, but even immigration hawk Mark Krikorian calls it a ‘dishonest means of damage control by this administration.’




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O
n March 4, in the case of Huisha-Huisha v. Mayorkas, the U.S. Court of Appeals for the D.C. Circuit upheld Title 42 — a public-health order that’s being used to turn away asylum-seekers at the border — but defined a crucial caveat. The court ordered that migrants can continue to be expelled under the policy but “only to places where they will not be persecuted or tortured.”

Title 42 was issued by the Centers for Disease Control on March 21, 2020, and reissued October 13, 2020, under the Trump administration. The order stated that migrants traveling through Canada and Mexico into …

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