The Biden administration was targeted by Republican lawmakers and many Democrats after the Centers for Disease Control and Prevention, which authorizes the order, announced it would end this monthciting the improvement of public health conditions and the availability of vaccines and treatments.
Critics say the government is not prepared to handle the wave of migrants that could lead to the end of the order. The Homeland Security Department said it is preparing to deliver up to 18,000 migrants every day when the order is finished.
More than 20 states signed a legal challenge to allow migrant deportations to continue in a Louisiana court, saying the CDC did not follow the correct procedure to terminate the order and did not consider the impact of their decision on the states. . A Trump-appointed judge on Friday ruled in their favor, granting a preliminary injunction to prevent the order from ending.
The fact that so many Americans also support using a public health measure to stop immigration unrelated to the pandemic is ultimately a reflection of lawmakers’ inability to make progress on immigration reform, said Robert Blendon. emeritus professor of health policy and political analysis, Harvard TH Chan School of Public Health.
“They are taking something used to control epidemics and they are fighting for it because they know there is no way to reach an immigration agreement,” he says. “Congress can’t agree on what to do and they’re using it as a fig leaf, a health emergency measure.”
The survey results suggest that individuals’ support for maintaining order is influenced by both their attitude towards immigration and their political affiliation.
Among those who said they think there should be less immigration to the United States, opposition at the end of the order jumped to 77%, while 72% of people advocating more immigration think the order should end. 81% of Republicans oppose the end of title 42, compared to only 36% of Democrats.
Since Title 42 was first enacted in March 2020, there have been over 1.7 million expulsions in politics, making the Public Health Act a de facto immigration control mechanism during the pandemic. in both the Trump and Biden administrations.
Proponents of immigration argue that the use of the order to deport migrants is illegal, as it denies people fleeing persecution or torture the right to seek asylum in the United States, as guaranteed by international humanitarian law. More than 10,200 people who were deported to Mexico under the law they were kidnapped, raped, tortured or violently assaulted, according to Human Rights First.
On March 4, a three-judge panel at the DC Circuit Court unanimously ruled that the CDC could use title 42 to deport migrant families, but not return to harm without giving them a chance to apply for protection. Although the Louisiana court injunction now prevents title 42 from ending, Lee Gelernt, lead attorney in the DC case, said the DC Circuit Court order will prevent it from being used to deport migrant families to be persecuted or tortured. .
Public health experts have long argued that the measure does little to control the spread of Covid-19 in the United States – and indeed could increase the risk of transmission as the policy has encouraged migrants to try multiple times to enter the country. Country, increasing their movements.
The order never prevented migrants from attempting to enter the United States In 2021, according to the Migration Policy Institute, a record number of border encounters occurred, with many migrants allowed entry, partly due to uneven application of the policy. More single adults have been deported under Title 42 than families, for example, and the administration has not deported unaccompanied children since November 2020.
Public health experts say the politicization of this policy threatens the effectiveness of public health mandates in future crises.
Health officials “are really concerned that when they use this kind of authority, it shouldn’t be seen as having any political implications – it’s just stopping the flow of a disease,” said Harvard’s Blendon.
The next time they need to use a US border control measure to stop an outbreak, “people will say, ‘No, you have a real political reason here. You are against the Middle East, South America, Africa. It has nothing to do with the disease, it has to do with your politics’ ”.