U.S. defends expelling migrants as Canada, Mexico border restrictions

The Biden administration on Wednesday defended its use of a Trump-era health law to deport undocumented migrants at the nation’s borders, even as it lifts restrictions for fully vaccinated foreign nationals traveling from Canada or Mexico into the U.S.

The law, known as Title 42, “remains in place,” White House press secretary Jen Psaki said when asked whether fully vaccinated migrants seeking asylum can enter the U.S.

She told reporters Wednesday that the eased travel restrictions will allow only fully vaccinated foreign nationals with “proper documentation” to enter the U.S.

Then-President Donald Trump’s administration introduced Title 42 in March 2020 over concerns about the Covid pandemic. More than 1 million migrants have been expelled under Title 42 since it went into effect in March 2020, according to data from U.S. Customs and Border Protection.

Senior administration officials on Tuesday said the U.S. is preparing to reopen its land borders with Canada and Mexico for fully vaccinated foreign nationals in early November, putting an end to a policy that has curbed nonessential travel since it was implemented at the outset of the pandemic. 

In practice, Title 42 means that anyone caught crossing the border illegally, namely without a visa to enter or without going through a formal border checkpoint, can be deported immediately without being offered the opportunity to claim asylum in the United States.

Absent Title 42, U.S. law requires that all migrants who cross the border, with or without papers, be given the opportunity to seek asylum.

In August, the Centers for Disease Control and Prevention said the policy would remain in effect until there is no longer a danger of people who aren’t U.S. citizens bringing Covid-19 into the country when they cross the border. Unaccompanied children are exempt from the health law. 

“The Title 42 restrictions are really about protecting the migrants themselves, the DHS workforce and local communities,” a senior administration official told reporters Tuesday. “There’s a strong public health basis, for the moment, for continuing with the Title 42 restrictions.”

An official also noted that the health policy remains necessary because social distancing is difficult to enforce in Border Patrol facilities where migrants are typically held.