Examining Title 42 and the Need to Restore Asylum at the Border

Since March 2020, the U.S. government has used the “Title 42” public health authority to carry out more than 1.7 million expulsions of individuals arriving to the United States between ports of entry — including unaccompanied children — without providing them with a meaningful opportunity to request protection or legal safeguards. Independent public health experts have made clear that these Title 42 expulsions lack a valid public health rationale. The Department of Homeland Security (DHS) has also maintained entry restrictions that prevent unaccompanied children and other protection seekers from requesting humanitarian relief at ports of entry. Despite these restrictions, DHS has allowed access to ports of entry for other reasons that include shopping and tourism.

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