A clause in the public health code that came into effect under the Trump administration in the context of the Covid-19 pandemic, “Title 42”, which further restricts immigration, is upheld by the Biden administration. The decision is contested by Democratic senators.

In a statement, Senators Bob Menéndez (NJ), Cory Booker (NJ), and Alex Padilla (Calif), as well as Senate Majority Leader Charles Schumer (NY), said they are “deeply disappointed with the Biden administration’s decision to keep the 'Title 42'”.

As reported by The Hill, “The senators said that although the administration ‘made the right choice to prevent unaccompanied children from being expelled’ […] it is wrong that they made the decision to continue sending families with minor children back to persecution and torture”.

Title 42 allows immigration agents to quickly expel illegal cross-border people without the act being formal deportation. For senators, according to the statement, it would not make sense to maintain the use of the health code at the country's border, as the Centers for Disease Control and Prevention (CDC) relax domestic pandemic protocols and economic recovery is evident.

The senators conclude via a statement: “It is time for the Biden Administration to reinstate humanitarian protections at our borders, to build a functional asylum system that is equipped to manage our global migration challenge, and to stop breathing new life into this inhumane Trump policy”.

The Congressional Hispanic Caucus also issued another statement condemning the continuation of Title 42 by the Biden administration: “the Biden Administration stated it will no longer expel unaccompanied minors arriving at our southern border under Title 42; however, the order does not apply to families seeking asylum”, according to the publication.

The mounting pressure to end Title 42 among some Democrats and immigrant advocates began shortly after a federal appeals court decision by a Texas district judge on March 4 to allow continued use of the policy despite to prevent the government from sending immigrants to countries where they would likely be persecuted or tortured.

The opposition also appears to reflect concern that order is maintained as a public health mechanism, even as restrictions regarding Covid-19 disappear.

When President Joe Biden took office, his administration stopped using the measure in the case of unaccompanied immigrant children, and Republicans uniformly opposed further reversals of the order, raising the possibility of political backlash if the policy is scrapped.

“The CDC order associated with Title 42 is renewed every 60 days, with the next renewal date in early April. But the Biden administration faces a more pressing dilemma in light of a separate court decision Friday [March 4th], from a district judge in Texas, ordering the administration to resume expulsions of unaccompanied children”, according to other publication.