Is the end close for the Title 42 policy? The CDC may fold under official directives

The controversial CDC-enforced protocol called Title 42 may finally be coming to an end. When can we expect the policy to be officially lifted?

Although the government previously stated that the controversial Title 42 policy was kept in place for sanitary reasons and that the CDC (Centers for Disease Control and Prevention) was the only government agency with the power to remove this measure, it has recently transcended that this might not be necessarily the case. Several media outlets have reported a few days ago that the White House seems to be planning the end of the health protocol in May.

The policy called Title 42 was implemented at the beginning of the COVID-19 pandemic, and still remains active two years later, despite the fact that most restrictions have been lifted in the country and the vast majority of the population is already vaccinated against the virus. Many immigration advocates pressured the government to stop this measure before, but to no avail.

Although there is no official announcement yet, many outlets announced that the White House will set May 23 as the final date for the application of the measure. President Biden himself let the press know that there will soon be news on this issue when asked about the topic.

A problematic policy: the effects of Title 42 on immigration

The continued application of Title 42 has been questioned not only by human rights activists but also by Republican congressmen such as Schumer and Menendez. Until now, the government stated that the decision to extend this measure rests exclusively within the CDC, which evaluates the need for said protocol every 60 days. However, there seems to be a common consensus now among many Democrats that the CDC will change its position if there is a presidential directive to do so.

For many, the continuation of this measure seems to have no logical reason from an epidemiological or health perspective, and its continuity reveals a hidden agenda against immigration. The unpleasant parallel with its application during the openly anti-immigrant Trump administration has been raised by many advocates that worry the Democrat’s immigration agenda is not sincere enough.

The Border Patrol has also reported that the numbers of asylum seekers who come to the border each day are very high, and could set new records and that the current health restrictions are the only thing that keeps this number relatively low.

Why wait until May 23?

Some sources speculate that the date provided by the government – May 23 – is intended to
give border authorities enough time to establish a strategy to receive asylum seekers once these restrictions are lifted.

While the number of migrants traveling toward the border appears to be increasing, the same cannot be said for COVID-19 cases at the border, and that is precisely where the Title 42 issue should be focused: the sanitary measure is there to protect the people’s health, and not to be used as an excuse to expel migrants and speed up deportations.

In any case, the CDC is scheduled to review its sanitary protocols sometime in April, so there will probably be official news on this subject soon. We believe that this is an unfair measure that has been misused by both current and former administrations to bypass laws and regulations and deny humanitarian assistance to asylum seekers at the southern border. Hopefully, it will be lifted soon.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at (281) 606-0800!