Title 42 is a policy implemented by the Trump Administration in March 2020 due to the COVID-19 pandemic. The policy allows Border Patrol to prevent migrants and unaccompanied minors fleeing violence and persecution from seeking asylum in the U.S.
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The policy has been heavily criticized by medical and policy experts, immigration advocates and elected officials for its impact on migrant rights and public health, with many arguing that it is both racist and anti-Black.
Black asylum seekers have been particularly affected by Title 42. Black migrants are often subjected to racial profiling and discrimination by Customs and Border Protection officers, who use Title 42 as a pretext to expel them without due process. Black asylum seekers who are expelled under Title 42 face significant danger in their countries of origin, including persecution, violence, and even death. Title 42 has had a disproportionate impact on Black immigrants, who are more likely to be deported without access to legal counsel or other forms of support. Civil and immigrant rights advocates have previously noted how detention officials have routinely denied Haitians access to their attorneys.
The policy denies migrants their right to apply for asylum and instead immediately expels them back to their home countries or to Mexico, where they may face further violence and harm. This disproportionately affects Black asylum seekers, who face higher levels of violence and discrimination in their home countries.
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Furthermore, Title 42 has had a devastating impact on unaccompanied minors. The policy has resulted in many children being expelled back to their home countries, where they may face further harm, or being forced to wait in overcrowded and unsanitary conditions in Mexican border towns.
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In addition, Title 42 has been used to justify racist and xenophobic rhetoric and actions. The policy has been used to perpetuate the false idea that migrants are a threat to public health and national security, and to justify the use of force against them.
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This has fueled anti-immigrant sentiment and discrimination against Black and brown migrants, who are often seen as the most threatening.
Overall, Title 42 is a racist and anti-Black policy that denies migrants their human rights and perpetuates xenophobia and discrimination. It is crucial that we work to dismantle this policy and create a more just and equitable immigration system that recognizes the dignity and humanity of all people, regardless of their race, ethnicity, or country of origin.
