What Is Title 42?

A hand holding up a cardboard sign that reads “WE ARE ALL IMMIGRANTS” in El Paso.

What You Need to Know About Title 42 and Your Rights

Title 42 codified the Public Health Services Act. The federal law was enacted nearly 80 years ago. In addition to consolidating and revising laws at the time, it effectively allowed the United States to deny entrance into the country during a public health emergency. The Act was used extensively by the Trump Administration during the pandemic to prevent border crossings and to expel migrants seeking asylum.

At Winterberg Law Firm, P.C., we represent individuals throughout El Paso in immigration matters. If you were denied entry or removed from the country under Title 42, contact us online or call (915) 841-9777 to schedule a confidential, no-obligation consultation today. Speak directly with a knowledgeable El Paso immigration attorney now.

How Was Title 42 Used During the Pandemic?

The Trump Administration relied heavily on Title 42 during the COVID-19 pandemic to regulate immigration at the southern border of the United States. As explained by PBS, under a public health order, the former administration was able to send back migrants who had entered the country illegally, regardless of whether they were seeking asylum. 

The measure restricted entry into the United and took precedence over other immigration laws. Millions of migrants were expelled between March 2020 and now under Title 42. After initially signaling that he would end the practice, President Biden announced a plan that would effectively expand the order.

What Is Biden’s Plan?

In January 2023, President Biden announced new border restrictions. He urged asylum seekers to stay in the country that they are seeking to flee and apply for asylum. He noted that the United States would be turning away individuals from Cuba, Haiti, and Nicaragua, who entered the country illegally, hoping to seek asylum. 

As reported by PBS, his new policy would offer a legal path for approximately 360,000 to enter the U.S. each year. Biden had hoped to end the use of Title 42 to halt immigration but was sued by several Republican-led states last year. The Supreme Court originally agreed to hear the case but mandated that the policy would be kept in place for the time being.

Is Expulsion Under Title 42 Illegal?

In December 2022, a federal appeals court denied the request of a group of states to delay the end of the public health measure that had been used by the Trump administration to expel millions of migrants seeking asylum. The American Civil Liberties Union (ACLU) had argued in a lower court that the policy was unlawful. The Supreme Court, however, placed a stay on ending the measure. 

In February 2023, it was announced that the U.S. Supreme Court would be canceling scheduled arguments over Title 42. The cancellation comes after the Biden Administration, according to The Texas Tribune, filed a motion arguing the case would be moot since the public health order would automatically end on May 11, 2023. The COVID-19 public health order was the catalyst for the Trump administration to use Title 42 to expel migrants seeking asylum.

President Biden’s new immigration policy, however, has many concerns that the path to asylum may continue to be difficult even once the public health order expires.

Were You Expelled Under Title 42? Contact Our Office.

If you were expelled under Title 42, contact us online or call (915) 841-9777 to schedule a confidential consultation with one of our immigration attorneys. Our El Paso immigration attorneys will help you understand your rights and determine your legal options. 

Do not wait. Get the experienced representation you need and deserve. Our lawyers will work with you to get the best possible outcome in your case. Call now to get started.

Scroll to Top
Victoria Winterberg

Ms. Winterberg’s law school experience began after joining the Law School Preparation Institute while being a student at the University of Texas at El Paso. She then attended law school at Washburn Univesity School of Law before formally beginning her career. 

Leveraging a unique cultural background and approach to law, Ms. Winterberg uses her expertise in immigration law to bring people together. She has extensive work in all areas of immigration law and has helped countless people win cases and thrive. Immigration-related cases often involve the most vulnerable in the community, and our firm is driven by our ability to protect our clients and their families with each and every case.