Trump officials prepare to reinstate title 42 policy to expel migrants, documents reveal

According to internal government documents obtained by CBS News, the Trump administration has drafted plans to reintroduce a policy that would allow U.S. immigration officials to swiftly expel migrants under the pretext of preventing the spread of diseases such as tuberculosis.

This measure, known as Title 42, was first implemented during the initial Trump administration at the onset of the COVID-19 pandemic in 2020, enabling the summary expulsion of migrants. The Biden administration maintained this policy amid record-high levels of illegal border crossings before allowing it to expire in 2023.

If reinstated, Title 42 would add another layer to the extensive border policies introduced by President Trump, aiming to curb access to the American asylum system. One such measure has permitted U.S. border officials to rapidly deport migrants without granting them the opportunity to request asylum—a right protected under domestic and international refugee law. This authority, known as 212(f), enables presidents to bar the entry of foreigners deemed "detrimental" to the United States.

The new policy would invoke the Public Health Service Act, referenced in Title 42 of the U.S. Code, to empower officials to expel migrants without undergoing the standard processing outlined in federal immigration law. Under these regulations, individuals present on U.S. soil can seek asylum even if they enter the country unlawfully.

CBS News reports that the CDC is planning to issue an order labeling unauthorized migrants as public health risks due to concerns over communicable diseases like tuberculosis. U.S. Customs and Border Protection officials would be responsible for enforcing this order, expelling migrants to Mexico, their country of origin, or a third nation willing to receive them. Similar to the 212(f) proclamation, the Title 42 order would allow border agents to bypass U.S. immigration law and deny migrants the right to seek asylum.

The exact timeline for invoking Title 42 remains unclear, but interagency officials have been preparing for the policy change. The CDC and the Department of Homeland Security, which oversees CBP, declined to comment on the matter.

The potential reinstatement of Title 42 is likely to face opposition from public health experts. In 2020, the Trump administration reportedly pressured the CDC to invoke Title 42 despite objections from internal experts, who argued that the measure was not based on legitimate public health concerns but rather aimed at advancing immigration restrictions.

While the stated justification for invoking Title 42 is to prevent overcrowding in detention facilities and limit disease transmission, illegal border crossings have significantly decreased since President Trump's inauguration. Border Patrol Chief Mike Banks told CBS News that officials are currently recording fewer than 300 illegal border crossings per day—a more than 90% drop from February 2024.

Former FDA Commissioner Dr. Scott Gottlieb expressed skepticism about the use of Title 42 as a public health measure. In an interview with CBS's "Face the Nation," Gottlieb stated, "I’m not sure why the government is relying on a public health measure when border enforcement policies appear to be effective." He noted that while tuberculosis incidence rates are high in some migrant-sending countries, they are not disproportionately higher than in other regions.

Legal challenges to the Title 42 policy are expected. Federal courts previously ruled that the COVID-era implementation of Title 42 could not override U.S. asylum laws or legal protections for unaccompanied minors, who were expelled under the measure by the Trump administration.

It remains uncertain how the Title 42 order would interact with other Trump-era immigration policies, including the 212(f) proclamation, which is currently at risk of being overturned due to a lawsuit filed by the American Civil Liberties Union.

Theresa Cardinal Brown, a former U.S. immigration official under Presidents George W. Bush and Barack Obama, remarked, "It’s clear they are pulling out all the stops to prevent people from entering the U.S., rather than processing anyone under immigration law."

By Camilo Montoya-Galvez Updated on: February 23, 2025 / 12:40 PM EST / CBS News