President Donald J. Trump may be poised to reinstate Title 42, a public health order used during the COVID-19 pandemic to expel over three million asylum-seeking illegal immigrants. Despite its suspension in May 2023 by the Biden government, documents obtained by CBS News suggest that Trump plans to use this order again to deport illegal immigrants, citing public health risks.
In addition to bolstering his administration’s defense of mass deportations in federal court, Trump’s invoking of Title 42 could also allow for border officials to more effectively bar asylum seekers from entering the United States. The order, directed through the Centers for Disease Control and Prevention (CDC), expands certain authorities under a public health declaration for border officials and allows them to circumvent normal U.S. immigration statutes and international agreements.
According to the documents, the Trump administration believes the increasing number of tuberculosis cases in the United States—with 10,000 occurrences and 600 deaths reported in 2023—could serve as the legal cause for reinstituting Title 42 restrictions. Last year, Stephen Miller—now the White House Deputy Chief of Staff for Policy—argued Title 42 should be used to restrict immigration in order to combat “severe strains of the flu, tuberculosis, scabies, other respiratory illnesses like R.S.V. and so on, or just a general issue of mass migration being a public health threat and conveying a variety of communicable diseases.”
Already, President Trump has moved to end the Temporary Protected Status for over one million illegal immigrants, clearing the way for their return to their home countries. Additionally, Trump has opened a 30,000-bed facility at Guantanamo Bay to hold the most dangerous illegal immigrants detained by U.S. Immigration and Customs Enforcement (ICE).