In Washington, the Trump administration plans to introduce a public health order that may label migrants at the southern U.S. border as potential disease spreaders. This step is seen as a significant move to tighten immigration controls.
This new health order is reminiscent of one from 2020 that was put in place due to the COVID-19 pandemic. That order effectively closed the border to those seeking asylum, which sparked backlash from immigrant rights advocates. It also led to increased attempts to cross the border, raising concerns among some officials in Homeland Security.
Discussions around the latest order have included talks about diseases like measles and tuberculosis. This action is part of a broader effort to reinforce border security, even as the number of crossings has seen a decrease.
White House deputy chief of staff Stephen Miller, a key figure in shaping the administration’s strict immigration policies, has pushed for measures like using Title 42, which refers to a health authority aimed at limiting immigration.
In a 2023 interview, Miller stated that Trump might reinvoke Title 42, citing a variety of health threats, including flu strains and respiratory illnesses, as justifications for these actions.
The Centers for Disease Control and Prevention (CDC) plays a critical role in determining if a foreign disease could pose a threat to the U.S. They assess whether a public health order is necessary. Historically, there have been concerns about pressure on the CDC to classify situations as public health emergencies, especially during the pandemic, though Title 42’s application doesn’t rely solely on such a declaration.
Current health challenges include a measles outbreak in West Texas, with 58 cases reported recently. However, it remains unclear how this relates to border crossings, which have significantly dropped in recent months.
Dr. Michael Osterholm, an expert in infectious diseases, commented on the situation, stressing the importance of safeguarding public health, especially in light of recent outbreaks in Texas.
The U.S.-Mexico border has already been effectively closed off to asylum seekers through various measures. These include Section 212(f) of the Immigration and Nationality Act, which grants the president expansive power to restrict border crossings, and the return of the “Remain in Mexico” policy, requiring migrants to wait in Mexico while their U.S. immigration cases are processed.
Some officials have claimed that reduced border arrests indicate successful border security measures, with reports of fewer encounters.
The potential reactivation of Title 42 would create additional barriers for migrants seeking asylum at the southern border. This authority, established at the beginning of the COVID-19 outbreak, has been used to quickly turn away migrants to mitigate health risks.
Health experts have expressed concerns in the past, arguing against the logic of denying entry based on individuals’ legal status. There could also be legal challenges to the reapplication of Title 42, especially from organizations like the American Civil Liberties Union, which previously opposed its use.
The end of Title 42 in May 2023 marked a significant moment, as nearly 3 million migrants had been expelled under its rules. Critics have pointed out that the public health measure provided little deterrent against repeated crossings, unlike stricter immigration laws.
This evolving situation highlights the complex intersection of public health and immigration policy in the U.S. as authorities navigate ongoing health risks while managing immigration at the southern border.
