What Is Title 42?

Many processes and policies were implemented by governments around the world early in the COVID-19 pandemic in an effort to limit the spread of the disease. However, some of those policies ended up doing more harm than good. One policy in particular, used in the U.S. government, directly violated international refugee law. That policy is known as Title 42.

Title 42 is a section of the U.S. Code that goes back to 1944. This code states that federal health authorities have the power to prevent migrants from entering the United States if they have determined that doing so could prevent the spread of infectious diseases. Migrants expelled under Title 42 are then returned to their home country or their most recent transit country.

However, the implementation of this code goes against the principle of non-refoulement, which is the cornerstone of international law on protection and is a central aspect of the 1951 Refugee Convention, of which the U.S. is a signatory. Non-refoulement prohibits any state from returning refugees and asylum-seekers to any territory where they are likely to be at risk of irreparable harm upon return, including ill-treatment, persecution, torture, or other serious human rights violations.

At the beginning of the pandemic in March of 2020, the U.S. Administration enforced Title 42 and began expelling asylum seekers from the country instead of allowing them to seek refuge. While federal health authorities—the Centers for Disease Control and Prevention (CDC) in this case—invoked Title 42, the actual expulsion of migrants was left to U.S. Border Control.

Between March 2020 (when Title 42 was implemented) and March 2022, nearly 1.8 million migrants were expelled from the United States under Title 42. These expulsions have directly led to thousands of documented cases of kidnapping, sexual assault, torture, and murder. While the U.S. claims to be protecting its citizens from the spread of COVID-19, asylum seekers are being thrust straight into dangerous and potentially life-threatening situations.

On April 1st, 2022, the CDC ordered the termination of the use of Title 42, effective May 23rd, 2022. Several lawsuits have since blocked its termination, but the Administration plans to appeal the ruling.

The International Catholic Migration Commission (ICMC) advocates for the rights of all uprooted people, including refugees, internally displaced persons, and migrants. ICMC’s national member in the U.S., the U.S. Conference of Catholic Bishops, urges the  U.S. Administration to permanently end Title 42. ICMC and its members remain committed to supporting immigration policies that produce more sustainable solutions.

ICMC’s efforts include protecting internally displaced children in Burkina Faso, providing assistance to Afghan refugees with our partner agencies, providing support to survivors of gender-based violence in Malaysia, aiding Ukrainian refugees, and more.

We rely on donations to fund our critical humanitarian work and continue changing lives. Find out how you can make a difference and help migrants, internally displaced persons, and refugees in need today!

About the International Catholic Migration Commission

The International Catholic Migration Commission is a nonprofit organization that protects, serves, and advocates for displaced people throughout the world. We help refugees, asylum-seekers, victims of human trafficking, and migrants of all faiths, races, and ethnicities forge lives in safety and dignity.

With support from people like you, ICMC delivers humanitarian aid and social development, protects vulnerable migrants, contributes to refugee resettlement efforts, advocates before governments, and partners with civic leaders. We seek a sustainable solution to dangerous migration and refugee crises.

Find out more by visiting our website.