Title 42

Title 42 refers to Section 265 of Title 42 of the United States Code, a public health authority that grants the CDC Director and the Secretary of Health and Human Services the power to prohibit the introduction of persons into the United States when there is a "serious danger" of introducing a communicable disease.

In March 2020, at the outset of the COVID-19 pandemic, the CDC issued an order under Title 42 directing CBP to rapidly expel noncitizens arriving at the U.S. land borders. The stated rationale was that congregate settings in immigration processing facilities posed a risk of disease transmission. Under this authority, individuals encountered at the border were expelled — often within hours — without the standard immigration proceedings that would occur under Title 8.

Title 42 fundamentally altered border processing. Rather than being placed in removal proceedings, screened for asylum, or processed through the standard immigration system, individuals were simply turned back across the border. Between March 2020 and May 2023, over 2.8 million expulsions were carried out under Title 42 authority.

The policy was deeply controversial. Supporters argued it was a necessary public health measure to prevent COVID-19 outbreaks in detention facilities. Critics countered that it was used primarily as an immigration enforcement tool under the guise of public health, noting that it denied asylum seekers access to protection and that public health experts questioned its medical necessity. Multiple lawsuits challenged the policy from both sides — immigration advocates sought to end it, while some states sought to maintain it.

Title 42 formally ended on May 11, 2023, when the COVID-19 public health emergency was terminated. With its end, all border processing reverted to standard Title 8 immigration authority, resulting in significant changes to border processing procedures and case volumes in immigration courts.