Title 42, a hitherto obscure public health legislation, is swiftly becoming a flashpoint in a battle over the Biden administration's mass expulsion of migrants, especially Haitian asylum claimants. He described Title 42 as “illegal,” “inhumane,” and “unworthy of this Administration that I so firmly support,” according to Politico. Trump's hardline immigration policy, which the Biden administration has inexplicably embraced, has been described as "terrible" by Koh in a legal letter submitted on Saturday

The law is tightly drafted, allowing the government to restrict “introductions of persons” if they enhance the “serious threat of the introduction” of communicable diseases. Trump's CDC published a 2020 rule interpreting Title 42 broadly, proposing to allow mass expulsions of asylum seekers. Despite vowing to reduce its use of Title 42, the Biden administration has continued to use it to deport migrant families and single people.

Title 42, a hitherto obscure public health legislation, is swiftly becoming a flashpoint in a battle over the Biden administration's mass expulsion of migrants, especially Haitian asylum claimants. He described Title 42 as “illegal,” “inhumane,” and “unworthy of this Administration that I so firmly support,” according to Politico. Trump's hardline immigration policy, which the Biden administration has inexplicably embraced, has been described as "terrible" by Koh in a legal letter submitted on Saturday

The law is tightly drafted, allowing the government to restrict “introductions of persons” if they enhance the “serious threat of the introduction” of communicable diseases. Trump's CDC published a 2020 rule interpreting Title 42 broadly, proposing to allow mass expulsions of asylum seekers. Despite vowing to reduce its use of Title 42, the Biden administration has continued to use it to deport migrant families and single people.

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Unable to evict family units under Title 42, a federal court imposed a preliminary injunction last month. The order came in a dispute brought by the ACLU and other civil rights groups in Washington. The government appealed, and this Thursday the D.C. Circuit delayed Sullivan's decision, allowing the Biden administration to continue wholesale expulsions.

Since its enactment in 1944, Title 42 had been rarely used. Even the most ardent immigration hawks on the Biden team should be wary of Trump's Title 42 policies. Stephen Miller, the architect of the Trump administration's harshest immigration policy, was obsessed with Title 42. For years, Miller and his associates have abused the racist stereotype of diseased immigration. Miller reportedly raged against the border in heated speeches delivered to tired White House colleagues on late-night phone conversations. The pandemic was a win for Trump's hard-line immigration restrictionists: During the coronavirus outbreak, the Trump administration essentially halted most legal immigration to the US, while dismissing public health measures like masking and prematurely ending airport health screenings.

So it's hard to imagine the Trump administration's Title 42 policy was driven solely by public health concerns. The policy was nicknamed a “Stephen Miller special” by Olivia Troye, a senior administration official and advisor to former Vice President Mike Pence. It was initially disallowed by the top CDC doctor reviewing orders like the Title 42 regulation because it had no real public health foundation, according to the Associated Press. The CDC's reluctance prompted Pence to step in and instruct CDC Director Dr. Robert Redfield to execute the directive.

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