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Title 42 expulsions are removals by the U.S. government of persons who have recently been in a country where a communicable disease was present. The extent of authority for contagion-related expulsions is set out by law in 42 U.S.C. § 265. During the COVID-19 pandemic, the Trump administration used this provision (section 265) to generally block land entry for many migrants. The program has been continued by the Biden administration.[1]
The program allows the US Border Patrol and US Customs and Border Protection to prohibit the entry of persons who potentially pose a health risk by being subject to previously-announced travel restrictions or because by unlawfully entering the country to bypass health-screening measures.[2][3] Its use was implemented under the Trump administration and has continued under the Biden administration to prohibit asylum seekers from lawfully petitioning for asylum in the United States.[4] Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit.[3] If they are unable to be returned to the country of last transit, the Border Patrol will work with its interagency partners to expel the person to their country of origin.[3] Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration.
