President-Elect Trump May Again Invoke Title 42 to Restrict Immigration

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Recent reports suggest President-elect Trump plans to reinvoke Title 42 public health restrictions to close the border between Mexico and the U.S upon taking office. Such action would restrict immigration to the U.S. under the rubric of public health protection. Reports suggest he has nearly 100 executive orders planned for when he resumes office, which include a major focus on immigration. The incoming administration has identified a range of potential changes to restrict and eliminate legal immigration pathways and deport millions of immigrants, which would negatively impact the health and well-being of immigrant families and have consequences for the nation’s workforce and economy.

Title 42 of the Public Health Services Act is a public health authority that authorizes the Director of the Centers for Disease Control and Prevention to suspend entry of individuals into the U.S. to protect public health. This rarely used authority was implemented by the Trump administration in 2020 to allow for quick expulsion of migrants, including asylum seekers, amidst the COVID-19 pandemic. After delays due to court challenges, the Biden administration eventually revoked the order in 2023.

Reports suggest that Trump administration advisors are seeking to identify a current health threat to reinvoke Title 42, which would largely close the border and prevent individuals from seeking asylum. Experiences during the pandemic raise questions about Title 42’s effectiveness as a border enforcement tool. Overall, nearly three million asylum seekers and migrants were expelled when the COVID-19 Title 42 order was in place. However, there was significant “churn” with individuals repeatedly attempting to cross the border and an overall surge in border encounters as well as an increase in the number of border crossings that were not intercepted. Research also suggests that Title 42 expulsions negatively impacted the health and well-being of migrant families and contributed to increases in family separations at the border. Moreover, public health experts asserted that the order failed to protect public health and disregarded alternative measures to protect health.

Restricting immigration is a clear policy priority for President-elect Trump. Potential plans to utilize a public health protection measure as a mechanism to restrict immigration raise questions about whether it is an effective and appropriate tool for this purpose. These plans, if implemented, could fuel increased xenophobic sentiment toward immigrants in the U.S.