COVID-era Policy Title 42 Has Ended

Title 42, part of a 1944 public health law allowing limitations on migration in the name of protecting public health, has ended on Thursday, May 11 at 11:59pm ET.

It was enacted in March 2020 under the Trump administration, allowing U.S. officials to turn away migrants who came to the U.S.-Mexico border on the grounds of preventing the spread of COVID-19. Prior to the enactment of Title 42, migrants could cross legally, ask for asylum, and be allowed into the U.S. They were then screened and often released to wait for their immigration case in court. Under Title 42, migrants were turned away at the border and denied the right to seek asylum. Over 2.8 million instances were recorded in three years. Families and children traveling alone were exempt from Title 42.

Under U.S. and international law, anyone who comes to the U.S. can ask for asylum. They are given a “credible fear” screening interview to determine if they have a credible fear of persecution in their home country. If it is deemed they have a credible fear, then they go to immigration court before an immigration judge to determine if they qualify for asylum in the U.S.