On Friday, April 1, the Centers for Disease Control and Prevention (CDC) determined that it will, effective, May 23, 2022, terminate its Title 42 public health order. Secretary of Homeland Security Alejandro Mayorkas issued a statement stating the Biden administration will follow this determination and stop expelling migrants under Title 42 on that date. The Trump administration invoked Title 42 on March 20, 2020, to deny families, children, and adults arriving at the southern border their right to seek asylum in the United States during the pandemic.

The Vera Institute of Justice issued the following statement:

“We commend the Biden administration for finally ending Title 42, though we are also concerned that delaying this decision to late May means more people must unnecessarily suffer and potentially gives anti-immigrant forces time to challenge this decision in court. Since Title 42 was first implemented, we have witnessed the cruelty it unleashed against scores of adults, children, and families, particularly Black migrants from Haiti last year, as people have been expelled under this public health pretense. Not only did CDC officials advise against using Title 42 when it was first proposed, but epidemiologists and public health experts have repeatedly called for revoking it during the pandemic, finding that it actually exacerbated the spread of COVID-19 and other public health challenges. Beyond its cruelty and failure as a public health policy, Title 42 unlawfully denied people their legal right to seek asylum under U.S. and international law.

While we are heartened by this decision, the administration must do more. President Biden has a historic opportunity to steer us toward an immigration system grounded in respect and dignity rather than punishment and dehumanization. That means that he must end other cruel and inhumane policies such as the rebooted Remain in Mexico policy, the dedicated dockets for family groups, and civil detention, while taking concrete steps to eradicate racism in the immigration system and provide lawyers to everyone in immigration proceedings. The president must break free from decades of failed immigration policy and deliver a new system grounded in respect and dignity for all.”

About the Vera Institute of Justice
The Vera Institute of Justice is powered by hundreds of advocates, researchers, and activists working to transform the criminal legal and immigration systems until they’re fair for all. Founded in 1961 to advocate for alternatives to money bail in New York City, Vera is now a national organization that partners with impacted communities and government leaders for change. We develop just, antiracist solutions so that money doesn’t determine freedom; fewer people are in jails, prisons, and immigration detention; and everyone is treated with dignity. Vera’s headquarters is in Brooklyn, New York, with offices in Washington, DC, New Orleans, and Los Angeles. For more information, visit vera.org.