Title 42 Disputes Continue, Stalls COVID-19 Relief
Last week, Senators Kyrsten Sinema (D-AZ) and James Lankford (R-OK) introduced the Public Health and Border Security Act (S.4036) to delay lifting Title 42 until the public health emergency has been resolved and the White House submits a resolution plan to Congress. Senators Mark Kelly (D-AZ) and Maggie Hassan (D-NH) joined the bill as co-sponsors while Reps. Jarden Golden (D-ME) and Henry Cuellar (D-TX) introduced a similar measure in the House.
As part of the U.S. public health code, Title 42 permits the government to prevent individuals from entering the country during a public health emergency. The Centers for Disease Control and Prevention (CDC) invoked Title 42 in March 2020 to permit border officials to deter entry in an effort to stem the spread of COVID-19. Last week, the CDC announced it was ending the authority on May 23 following consultation from the Department of Homeland Security (DHS).
Following the announcement, lawmakers expressed concern that lifting the order would exacerbate the ongoing surge in border crossings. March marked the highest number of people coming to a U.S. border since 2000, with more than 220,000 border crossings.
As a result, Senators Sinema and Lankford, among other lawmakers, have pushed for an amendment to the bipartisan COVID-19 relief package that would bar the CDC from ending the Title 42 policy. The $10 billion COVID-19 package would continue federal programs to acquire vaccines and maintain testing and research.
At the same time, the Public Health and Border Security Act would require the Biden Administration to keep Title 42 in place for 60-days after the Surgeon General lifts the public health emergency declaration, which has been in place since January 31, 2020. During that 60-day window, the Surgeon General must develop and submit a plan to relevant Congressional committees on how the government plans to “address any possible influx of entries or imports.” The Surgeon General must develop this plan in consultation with the Secretary of Homeland Security and any other federal, state, or local agencies or non-governmental organizations managing the outcome of the Title 42 termination.
The Surgeon General must provide Congress with a reason for any delay in submitting a plan within 30 days following a public health declaration conclusion. Title 42 can only be terminated 30 days following the submission of the resolution plan to Congress.
“The Biden administration was wrong to set an end date for Title 42 without a comprehensive plan in place. It’s why today we are introducing bipartisan legislation requiring this administration to implement a plan before lifting Title 42 that protects the public health and safety of our border communities and migrants. We need a secure, orderly, and humane response at our southern border and our bipartisan legislation holds the Biden administration accountable to that,” said Senator Mark Kelly.
A White House official refuted the accusation that the administration lacked a plan for lifting Title 42, pointing to the comprehensive fact sheet released last month. The official also reiterated that the decision to lift Title 42 is up to the CDC.
