US Considers Deportation of Illegal Immigrants Over Infectious Disease Spread Concerns

Foreign Asylum Restrictions from COVID-19 Era
Maintained During Biden Administration, Abolished in 2022
Suspicions of Being Part of Efforts to Strengthen Crackdown on Illegal Immigration

The United States is expected to revive the foreigner asylum restriction measures implemented during the COVID-19 pandemic.

According to CBS News on the 23rd (local time), the Donald Trump administration is preparing to reintroduce 'Title 42,' which was implemented in 2020.

Title 42 refers to a system based on the 42nd section of the U.S. Code, the Public Health Service Act, which grants the administration the authority to prohibit entry if it determines that the entry of foreigners is harmful to the U.S., such as by spreading infectious diseases.

Federal immigration law recognizes the right of foreigners to request asylum even if they enter illegally, but under Title 42, foreigners cannot apply for asylum, and the government can swiftly deport them.

This policy was introduced by President Trump in 2020 to prevent the spread of COVID-19 and was maintained for nearly three years during the administration of his successor, President Joe Biden, before being abolished in 2023.

The Title 42 revival plan currently being prepared by the Trump administration is expected to take a similar form as before. If the Centers for Disease Control and Prevention declares that illegal border crossers pose a risk of spreading infectious diseases such as tuberculosis, the Customs and Border Protection will deport immigrants outside the border, such as to Mexico.

However, the Trump administration’s preparation to reintroduce Title 42 is unlikely to be easily implemented. Although public health is the stated purpose of the system, there appears to be a hidden intention to strengthen crackdowns on illegal immigrants.

In 2022, the U.S. District Court for the District of Columbia also temporarily suspended the implementation of Title 42, ruling that it violated the Administrative Procedure Act, emphasizing that legal protections for asylum seekers based on public health law cannot be ignored.