Michael Cahalane

The Biden Administration’s Title 42 Expansion Represents a Fundamental Dismantling of the U.S. Asylum System

January 11, 2023

The Rian Immigrant Center strongly opposes President Biden’s January 5th announcement to increase border enforcement by expanding the application of Title 42 to Haitians, Nicaraguans, and Cubans. This policy represents a fundamental dismantling of the American asylum system and allows border officials to expel a broader set of individuals to countries where they face the risk of significant harm. The limited parole programs the Biden Administration has put in place cannot be a replacement for the legal right to seek asylum at the U.S. Border.

The Trump Administration’s application of Title 42 was racist and unlawful, expelling thousands of would-be asylum applicants from the United States and preventing them from accessing a legal process that could save their lives. Title 42 was originally created to protect the public from communicable diseases and has rarely been used, until the Trump Administration began using it to disproportionately expel groups like Haitians and Central Americans who entered via the U.S. – Mexico border.  

While a recent Supreme Court order prevented the Biden administration from ending Title 42 expulsions, they were under no legal obligation to expand the program to additional nationalities. The Biden Administration’s expansion of Title 42 continues racist and scientifically unfounded policies put into motion by the Trump Administration, and this is deeply concerning for our immigrant communities. We believe that ALL are welcome, regardless of country of origin.