Understanding Title 42 — and why UNICEF and others are welcoming its termination
In March 2020, the U.S. effectively halted asylum processing at its borders, citing public health concerns related to the COVID-19 pandemic and invoking Title 42 of the U.S. Code, which grants the U.S. government the ability to take emergency action to stop the spread of communicable diseases.
Asylum seekers — many of them children and families fleeing violence, poverty and other threats to their health, safety and well-being — began to be expelled without due process or access to adequate protection screenings.
Several court rulings have noted the vagueness and varied interpretation of Title 42. After an assessment of COVID-19 restrictions, the Centers for Disease Control and Prevention (CDC) announced the termination of the policy effective May 23, 2022.
As pandemic restrictions were lifted nationwide, and given the range of mitigation measures available, the CDC stated that the cross-border spread of COVID-19 no longer presented the serious danger to public health that it originally cited when enacting Title 42 two years ago. The Biden Administration outlined a strategy to mitigate the large numbers of asylum-seekers expected to migrate once Title 42 is lifted.
On May 20, however, just days before the policy was set to expire, a federal judge in Louisiana issued an injunction blocking the lifting of Title 42 until further notice.
UNICEF and others remain deeply concerned about the prolonged implementation of the policy.
How Title 42 endangers the safety and well-being of asylum-seeking children and families
In 2021, 480,000 individuals were encountered by U.S. Customs and Border Protection as part of family units, up from 70,000 the previous year. The rise in the number of asylum seekers, combined with the expulsion of children and families, has created a dire humanitarian situation in northern Mexico and in countries of origin, where critical services for those returned are stretched.
The families that continue to wait at the border for the U.S. to open its door – as well as those who are expelled – are exposed to dangerous conditions, including heightened risks of trafficking, exploitation, violence and abuse at the hands of smugglers and cartels.
The demographic makeup of the asylum-seeking population is also shifting. As an increasing number of Haitians and other Black, non-Spanish-speaking migrants — individuals who are also now subject to expulsion under Title 42 — journey to the U.S. border, there are concerns about increasing violence fueled by discrimination and racism.
Another serious consequence of Title 42 has been family separations. Due to the termination of Title 42 with respect to unaccompanied children and a court injunction, children migrating alone are exempt from being expelled under this policy. This has led some families to make the difficult decision to send their children to attempt to cross the border alone.
Even before the implementation of Title 42, situations were already very difficult for asylum seekers. In late 2019, UNICEF spoke with migrant families waiting in Mexico for their asylum cases to be heard under the Migrant Protection Protocols, also known as "Remain in Mexico."
One father who tried to apply for asylum at the U.S.-Mexico border told UNICEF: "I cannot go home, I don’t want to stay in Mexico. I just don’t know what to do. I want my sons to have a better future. I wish they’d let me stay in the U.S. and fight for my case there.”
Many are in similar situations as the border continues to be essentially closed to all noncitizens — and policies like Title 42 and “Remain in Mexico” worsen humanitarian conditions for the most vulnerable.
UNICEF remains deeply concerned with the lack of protection measures for migrant children and families — and the consequences of prolonging Title 42
Children and families seeking asylum in the U.S. are fleeing some of the worst conditions. Gang violence, extreme poverty and limited access to education and social services — all exacerbated by the effects of climate change and COVID-19 — have forced many to flee their homes and embark on dangerous journeys north, only to encounter the harsh reality of a closed U.S. border and a weakened asylum process that further endangers them and offers little protection.
UNICEF continues to work closely with governments and civil society organizations in the region to improve protection and meet the needs of the most vulnerable. As part of these efforts, UNICEF has developed specific recommendations for improving the overall system of reception, care and services for unaccompanied children.
UNICEF USA supports efforts to meet the needs of vulnerable migrant children and families at every step of their journey — while advocating that governments forgo any border policies that restrict families from seeking asylum
Migrant children are already in dangerous situations in countries of origin and along the migratory route. It is imperative that governments improve their systems for the long term, by incorporating child-sensitive reception into their asylum processes, forgoing any border policies that restrict families from seeking asylum and working to protect the overall well-being of children.
Title 42 is unnecessary and further exacerbates the risks to the safety and well-being of children. It must be lifted, especially as we continue to welcome Ukrainian refugees impacted by the war. It is imperative that all refugees and asylum-seekers, regardless of nationality, be provided with the same protection measures.
"UNICEF USA believes that all children have a right to survive and thrive, regardless of their migration status," said Michael J. Nyenhuis, President and CEO of UNICEF USA. "Their rights do not stop at our borders. We remain committed to working with the [U.S.] Government to ensure that the best interests of all children are protected, at our borders, in communities that welcome migrant children and in addressing root causes of migration in the Americas.”
UNICEF USA vehemently supports the ending of Title 42 as it continues to have serious consequences for children and families as they continue to be expelled.
Join UNICEF USA in asking Congress to support the termination of Title 42 to protect the rights of all children and families seeking asylum. Go to act.unicefusa.org/endtitle42 to take action.
Kelly Yzique-Zea is UNICEF USA's Manager for Migration, Child Protection and Domestic Advocacy.
Learn more about UNICEF USA's efforts to advocate on behalf of the world's most vulnerable children and how to get involved through UNICEF UNITE.
Top photo: A child from Haiti traveling through the Darien Gap, a dangerous land route between Colombia and Panama. In 2021, Colombian migration authorities registered a record number of people, the majority from Haiti and Cuba, migrating through the country on their way north toward the U.S. UNICEF worked with local partners to meet urgent needs for safe water and protection services amid heightened safety risks. © UNICEF/UN0558565/Mendez