The Latino Community Fund Inc (LCF Georgia) welcomes the Biden Administration decision to end Title 42 and encourages our congressional representatives and Senators to support this important step towards returning to established legal processes for asylum seekers publicly.
What is Title 42?
Title 42 is a World War II-era public health law granting the government the “power to prohibit, in whole or in part, the introduction of persons and property” to stop a contagious disease from spreading in the U.S. In 2020, the CDC invoked this public health measure specifically on the southern border.
What is the impact of Title 42?
To this date, close to two million individuals following current immigration law in the US, have attempted to lawfully and legally apply for asylum and have their cases heard only to be denied this opportunity due to Title 42. These individuals have technically been “expulsed” since the process is not carried under immigration law, imposing further penalties on those who are removed, such as multi-year banishments from the U.S.
Does it make sense to continue with Title 42?
No. Consider that In 2020, the year Title 42 was invoked, the country received over 19.4 million international visitors. Since then, international travel and movement have grown dramatically every month. With millions of visitors flying in or crossing through the northern border, Title 42 is irrelevant in the prevention of the expansion of the virus, unless of course we think ONLY people in the southern border are a danger.
Moreover, even with Title 42 in place, there are already exceptions under “humanitarian crisis” and individuals of certain nationalities at the southern border are able to enter the country.
What we believe
Lawful and orderly processing of individuals looking for asylum and protections is critical to our country. The United States has long guarantee the right to seek asylum to individuals that arrive fleeing violence and are looking for protection. If people arriving demonstrate“well-founded” fear of persecution or torture to be allowed to pursue legal status in the United States.
We as a country need to uphold this fundamental right shared internationally as part of the Refugee Convention, which the U.S. signed onto in 1968. Signing, countries are barred from sending someone back to a country in which they could be persecuted based on their identity (specifically, their race, nationality, religion, political opinion or membership in a “particular social group”).Rescinding Ttile 42 allows our country to uphold our own laws.