13 Mar, 2023
COVID-Related Restrictions on Entry into the United States Under Title 42: Litigation and Legal Considerations [Updated March 13, 2023]
Library of Congress. Congressional Research Service
Santamaria, Kelsey Y.
From the document: "In response to the Coronavirus Disease 2019 (COVID-19) pandemic, in March 2020 the executive branch invoked statutory powers to impose restrictions on the entry into the United States of certain individuals who are not citizens or nationals of the United States [...]. Invoking authority under 42 U.S.C. [United States Code] § 265 [hyperlink] ('Section 265'), the Centers for Disease Control and Prevention (CDC) directed [hyperlink] immigration officials to expel certain individuals--that is, aliens who either do not have visas or other 'proper travel documents [hyperlink]' or who seek to enter the United States unlawfully between ports of entry (POE)--to Mexico or their countries of origin. The CDC's invocation of this Section 265 authority (often referred to as 'Title 42') during the COVID-19 public health emergency, along with the executive branch's attempt to terminate the Title 42 restrictions on entry, have been subject to ongoing litigation. A federal district court in November 2022 declared [hyperlink] the current Title 42 order unlawful and directed the policy to end. However, on December 27, 2022, the Supreme Court stayed implementation of the district court order while the Court considers whether several states may intervene [hyperlink] in the litigation to defend the policy. The passage of the Pandemic is Over Act (H.R. 382 [hyperlink]) by the House of Representatives on January 31, 2023, which would end a COVID-related public health declaration, as well as the Biden Administration's announcement of its plan to end COVID-related emergency declarations on May 11, 2023, raises further uncertainty over the future of the Title 42 restrictions on entry."
  • URL
  • Author
    Santamaria, Kelsey Y.
  • Publisher
    Library of Congress. Congressional Research Service
  • Report Number
    CRS Legal Sidebar, LSB10874
  • Date
    13 Mar, 2023
  • Copyright
    Public Domain
  • Retrieved From
    Congressional Research Service: crsreports.congress.gov/
  • Format
  • Media Type
  • Subjects
    COVID-19 Pandemic (2020-)
    Border security, Immigrants
  • Resource Groups
    Coronavirus Disease (COVID-19)
    Reports (CRS)

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