Is Title 42 ending?
By Elket Rodríguez
Title 42 – the policy that authorizes rapid expulsion of migrants at the border due to COVID-19 precautions– may have its days numbered.
The reduction in COVID cases has weakened the rationale for its implementation, and recent court rulings have questioned its reach. Recently, Fellowship Southwest, along with more than 300 immigrant, human rights and faith-based organizations sent a letter to the President demanding the end of this policy.
On March 4 a Texas District Court ruled that the Biden administration cannot exempt migrant children from Title 42. Under Trump, the U.S. government expelled almost all immigrants, including unaccompanied migrant children, through Title 42. Christians and numerous faith groups decried the practice and helped bring it to an end.
Although the Biden administration continued expelling adult migrants and family units under Title 42, he exempted unaccompanied migrant children from being expelled to Mexico early in his administration. The Texas District Court order does not go into effect for seven days, giving the government some breathing room to appeal. It is unknown, as of now, what the Biden administration will do: begin expelling unaccompanied children once the ruling goes into effect, or appeal?
Likewise, on March 4, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the government cannot expel migrant families to places where they will be persecuted or tortured. Therefore, the government will need to do a more rigorous screening for the possibilities of persecution and torture before expelling migrant families, rendering the processing of migrants slower and less pragmatic.
Since its implementation in March 2020, Fellowship Southwest has raised its voice against Title 42. We have denounced the expulsion of unaccompanied minors to Mexico, the expulsion of migrants with broken legs to shelters located in inhospitable areas in Mexico, and we have asked the President to end the policy several times.
For now, we ask that you join us in advocating for an end to Title 42—both for unaccompanied children and any migrant that seeks asylum in our county. Americans are adjusting to life with COVID-19, and we cannot in good faith continue using it as an excuse to expel migrants unilaterally into a more dangerous and inhumane situation.
Elket Rodríguez is a CBF field personnel in Harlingen, Texas. He works with pastors on both sides of the border to in ministry to migrants.
