Houston Chronicle Sunday

If Biden really values human rights, he must rescind Title 42

- By Medha D. Makhlouf and Sarah Battistich

Two years ago, the Centers for Disease Control and Prevention issued an order under Title 42 of the U.S. Code allowing the immediate expulsion of certain migrants arriving at land borders in the interest of public health. This includes persons seeking asylum in the United States due to a fear of persecutio­n or torture in their home countries.

The government has effectivel­y shut down asylum processing at the southern border and summarily expelled nearly 2 million migrants to imminent and foreseeabl­e danger . The risks to which expelled migrants have been exposed are well documented. They include robbery, extortion, assault, sexual violence, injuries and traffickin­g. That this action has been taken in the name of public health is a travesty. This month, the CDC will come to a decision on whether the U.S. should keep in place the policy that uses public health concerns as grounds for immediate expulsion. The evidence clearly shows that the Trump-era policy, maintained under President Joe Biden, is doing more harm than good and must be rescinded.

Throughout the COVID-19 pandemic, public health experts have masterfull­y critiqued the CDC’s justificat­ion for the Title 42 order as “scientific­ally baseless and politicall­y motivated.” In fact, the order exacerbate­s a different public health crisis: the epidemic of violence against migrants from the Global South, particular­ly girls and women.

The CDC’s order was issued under a 1944 public health statute intended to give public health authoritie­s the power to prohibit the entry of people and goods for the purpose of reducing spread of transmissi­ble disease within the United

States. It had never before been invoked. But since March 2020, this authority has been used by the Trump and Biden administra­tions to circumvent the procedures designed to protect those who have suffered from or fear human rights abuses in their home countries.

Earlier this month, a federal appeals court temporaril­y prohibited the administra­tion from expelling migrants to countries where they would face persecutio­n or torture, but did not require it to provide those migrants an opportunit­y to seek asylum.

While laudable, this developmen­t does not resolve the fundamenta­l problem with the CDC order: That it will continue to permit the expulsion of vulnerable migrants to well-known dangers based on specious public health grounds. This goes against what the appellate judge’s ruling highlighte­d, that for expelled migrants, “the record is replete with stomachchu­rning evidence of death, torture, and rape.”

Many migrants who attempt to enter the United States without immigratio­n documents at the southern border experience extreme risks during their journey. Sexual violence against women and girls, in particular, is pervasive along the entire route. Even if a migrant is not expelled to a country where she fears persecutio­n or torture, expulsion to any country from South America to Mexico prolongs her journey, increasing her exposure to these risks. Even if their arrival violates immigratio­n procedures, they are still entitled to make a plea for asylum. The Title 42 order by the CDC denies them that opportunit­y.

In doing so, the order makes migrants into sitting ducks for organized crime and petty criminals. It is yet another reason to question the credibilit­y of a public health authority that purports to address one global public health issue — the COVID-19 pandemic — at the expense of another: violence against migrants.

Officials need help processing the influx of migrants at the southern border, and immigratio­n reform is necessary to help provide it. However, reform should not be based on an unfounded public health rationale. Migrants subject to the order make up only 0.1 percent of the hundreds of thousands of those who cross our borders each day for the purposes of work, education and tourism without any restrictio­n aside from testing.

There is no public health reason to hold asylum seekers in congregate detention when there are viable communityb­ased alternativ­es that have exceedingl­y high compliance rates with a fraction of the cost to the U.S. taxpayer. Continuing this policy in the name of public health when it is not supported by science and clearly motivated by politicall­y opportunis­tic immigratio­n policy only creates more skepticism and mistrust of both public health authoritie­s and government actions.

The Title 42 order is a stain on the Biden administra­tion’s promise to revitalize the nation’s commitment to advancing human rights. When we circumvent human rights laws and summarily expel people who come to our borders requesting asylum, we erode the very foundation of our country as a haven of freedom and fair laws, and damage our own integrity. The order should be rescinded immediatel­y.

Makhlouf is an assistant professor of law with expertise in health law and immigrant rights. Battistich is the assistant service chief of virtual urgent care and telemedici­ne and an associate professor at New York University School of Medicine. Makhlouf and Battistich are senior fellows with Atlantic Fellows for Health Equity.

 ?? Gregory Bull / Associated Press file photo ?? Migrants from Honduras turn themselves in at the border in May 2021 in La Joya. The CDC’s order under Title 42 allows the immediate expulsion of certain migrants in the interest of public health.
Gregory Bull / Associated Press file photo Migrants from Honduras turn themselves in at the border in May 2021 in La Joya. The CDC’s order under Title 42 allows the immediate expulsion of certain migrants in the interest of public health.

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