Biden Falls Back on Trump-Era Policy That Makes Migrants Ineligible For Entry Over Covid Concerns

Posted on 08/11/21

The Biden Administration is indefinitely extending a Trump-era policy that grants the United States Border Patrol and Immigration and Customs Enforcement Agency the ability to promptly deport migrants and asylum seekers back to their country of last transit or origin. Amid the rapid spread of new and more contagious Covid-19 variants and the accelerated insurgence of unlawful border crossings, the policy is shaped to limit new migrant arrivals. Administration officials have argued that concerns over the Delta Variant, which now accounts for over 90% of Covid-19 cases in the United States and increased hospitalizations justify the continuation. The Biden administration is in a difficult predicament between fulfilling campaign promises that sought to overhaul the immigration system while ensuring the spread of Covid-19 is under control. 

The CDC announced it will review the policy every 60 days and will consider the transmission rates within facilities, hospitalizations, and new information. 

As a majority of migrants remain unvaccinated, the public health concerns associated with processing and housing immigrants in congregate settings is partly the rationale for extending the exclusion policy. Nearly a million immigrants have already been deported under Title 42. That number is expected to skyrocket as border crossings have reached nearly 210,000 for the month of July according to preliminary data from the CBP. 

The American Civil Liberties Union (ACLU) agreed to halt a Trump-era lawsuit that aimed to prevent the implementation of Title 42 while the Biden Administration and ACLU negotiated. But the recent extension of the policy reinvited a court challenge by the ACLU which is seeking a court injunction to stop the Biden Administration from continuing it. 

What is Title 42?

Under titles 8 and 42, The Department of Health and Human Services has authority to “establish requirements for the medical examination” of migrants. 

The Trump administration first used Title 42  section 265 after the  Coronavirus outbreak in March of 2020. The program grants the Director of the Centers for Disease Control (CDC) the ability to limit or prohibit the admission of individuals who potentially pose a health risk. The United States Border Patrol or ICE is granted the liberty of immediately returning individuals back to the country of last transit or back to their country of origin in some cases. 

Biden on Immigration

President Biden entered office vowing to put an end to former President Trump’s draconian immigration policies that disregarded immigrants. Policies enacted by the administration have focused on humane and ethical approaches when dealing with migrants at the border. But the continuation of Title 42 although well-intended seems to inhibit the campaign promises Biden ran on that welcomed immigrants into the United States. The administration must implement sound health practices while providing migrants the opportunity to seek asylum in the United States. As the world’s leader in humanitarian efforts, President Biden has an essential role in offering migrants an opportunity to seek legal protections within the United States. 

Contact A New England Super Lawyer

Our immigration system is filled with complexities and policy changes that can be overwhelming if not thoroughly understood. That is why it is important to seek sound legal representation to help guide you through the challenges you may face during your immigration journey. A knowledgeable immigration team can provide qualified legal guidance to you and your loved ones. At The Law Offices of James A. Welcome, our Connecticut immigration attorneys understand the importance of getting results for our clients. From your initial call into our firm, we’ll take a comprehensive approach to understand the details of your case. Our decades of legal experience will be directly applied in our communications with you and throughout your case. With decades of legal practice behind our legal team, and a diverse culture we understand what it means to entrust our team with your case. Whether applying for a green card, visa, asylum, or seeking a deportation defense attorney our Connecticut Law firm is ready to fight for your rights. 

Ready to start your immigration case with a New England Super Lawyer? Attorney James A. Welcome and his team value the deliverance of integrity, competency, and results for our clients. Your legal representation is important. We invite you to schedule a safe and comprehensive video consultation with an Attorney from our firm to discuss the matters of your case. You will have the opportunity to discuss the intricacies of your case while also having the opportunity to discuss your most pressing questions with a qualified and experienced immigration attorney. Our consultations are designed to leave you with a better understanding of potential avenues that can be pursued or hurdles that may arise. Regardless of your immigration status, our team may be able to help you on your journey to obtaining legal status. Call our office today at (203) 753-7300 and speak with a member of our team to book a convenient video consultation