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Title 42: the border policy that allows expedited deportation


Title 42: The Trump-era border policy that allows expedited deportation and remains in effect under Biden.

US resumes express deportation of some migrants 0:43

(CNN Spanish) -

Thanks to the public health policy, known as Title 42, border officials can immediately expel migrants entering through Canada and Mexico to the United States.

Unaccompanied Alien Minors (UACs) are exempt from this policy.

Under this policy that was established under the Trump administration in 2020 at the beginning of the coronavirus pandemic - and which remains in effect - the Customs and Border Protection (CBP) prohibits the entry of certain people who "They potentially pose a health risk", either because of previously announced travel restrictions or because they entered the country illegally in order to "circumvent medical screening measures."

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According to CBP, people who are detained will not be held in congregated areas for processing and will be immediately expelled to their country of last transit.

Prosecuting a family under Title 42 "generally takes 10 to 15 minutes and is mostly done outdoors," said David Shahoulian, undersecretary for border and immigration policy at the Department of Homeland Security (DHS). a federal court on Monday.

From October 2020 to June, Customs and Border Protection reported a total of 751,844 removals at the southern border under Title 42.


Extension due to the increase in covid-19 cases

Migrants who were sent back to Mexico under Title 42 wait in line to receive food and supplies at a camp across the US-Mexico border in Reynosa, Tamaulipas.

The US Centers for Disease Control and Prevention (CDC) determined on Monday that the expulsion of certain citizens is necessary to protect public health as DHS "simply cannot prosecute all non-citizen families safely under current circumstances, and particularly in the event of a large-scale influx, "Shahoulian's statement reads.

The National Security official indicated that currently the United States faces a record number of non-citizens, including families, at the border, "causing border facilities to fill beyond their normal operational capacity" affecting the ability to apply measures against covid-19, such as physical distancing.

"There is also a significant increase in the rates of non-citizens testing positive for COVID-19," he said.

  • Migrant families are "separating themselves" in Mexico after being expelled from the United States, according to the Border Patrol

During the first 29 days of July, CBP averaged 6,779 encounters per day, including 616 unaccompanied minors and 2,583 Family Members (FMUA).

According to preliminary data, about 210,000 encounters occurred in July, the highest number since fiscal year 2000. That includes a record number of unaccompanied children (UAC) with more than 19,000, and approximately 80,000 encounters with family units.

"These figures are extremely worrying, particularly given the continued spread of the highly communicable Delta variant," said Shahoulian, noting that as of August 1, Border Patrol facilities are over capacity.

US resumes expedited deportation of migrant families 2:01

Immigrant Advocates Against Title 42

A person stands by the border barrier between the United States and Mexico painted with a mural depicting people who came to the United States illegally as children and were deported as adults.

Thousands of asylum seekers remain trapped in Tijuana in precarious conditions.

(Photo by Mario Tama / Getty Images)

After the extension of the public health policy was announced, the American Civil Liberties Union (ACLU), along with other immigrant advocacy groups, said it would go back to court to end Title 42 .

"We gave the Biden administration more than enough time to fix any issues left by the Trump administration, but they have left us no choice but to return to court. The lives of families are at stake," said the attorney for ACLU Lee Gelernt, lead attorney in this case.

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"We've got thousands of families safe through the waiver process we negotiated, but the goal has always been to end Title 42 policy, not downplay it," Gelernt said Monday.

"The Biden administration knows very well that maintaining Title 42 will not stop the spread of COVID-19 or prevent people who are literally fleeing for their lives from seeking safety in the US," said Noah Gottschalk, Policy Leader Oxfam America Global, in a statement.

Oxfam America is among the groups challenging the order.

Tensions between pro-migrant organizations and the administration increased in recent weeks as it became clear that the public health order would remain in effect.

US: 188,800 migrants cross the border in June 0:58

Priscilla Alvarez and Geneva Sands contributed to this report.

Crisis at the border Immigrant deportation Immigration

Source: cnnespanol

All news articles on 2021-08-04

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