Title 42

Title 42 is a section of the United States Code that outlines public health measures to prevent the spread of communicable diseases. Specifically, Title 42, Section 265 grants the Secretary of Health and Human Services (HHS) the authority to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States. This authority includes the power to detain, medically examine, and release individuals entering the United States who are suspected of carrying a communicable disease.

During the COVID-19 pandemic, Title 42 has been used to implement policies restricting the entry of non-citizens into the United States. In March 2020, the Centers for Disease Control and Prevention (CDC) issued an order under Title 42, which authorized the immediate expulsion of individuals crossing the southern border of the United States, including asylum seekers and unaccompanied minors, to prevent the spread of COVID-19. This policy has been controversial and faced legal challenges, with critics arguing that it violates human rights and does not effectively prevent the spread of COVID-19.