The Department of Homeland Security (“DHS”) has released a statement that beginning on July 26, 2021, certain families who were not able to be expelled under Title 42 will be placed into expedited removal proceedings. For families who do not have a basis under U.S. law to be in the United States, these removals will provide a lawful and more accelerated removal procedure.

Section 265 of U.S. Code Title 42 permits the Director of the CDC to “prohibit … the introduction” into the United States of individuals when the Director believes that “there is serious danger of the introduction of [a communicable] disease into the United States.” During the Covid-19 pandemic, Title 42 has been used to expel migrants arriving at the border based on public health concerns. However, at the southern border, Mexico must agree to take any non-Mexican migrants back, meaning Title 42 has some limitations. As the New York Times reported in July, “the governments of some Mexican border states have refused to accept families with young children or those what traveled from countries outside Central America, such as Brazil, Ecuador, and Venezuela.” Now, DHS will seek to swiftly remove those they were unable to expel under Title 42 through expedited removal procedures instead.

DHS emphasized in its statement that, “Attempting to cross into the United States between ports of entry, or circumventing inspection at ports of entry, is the wrong way to come to the United States.”

This resumption of expedited removal for family units comes as part of a larger effort by the Biden-Harris administration to regain control of the borders, which have been experiencing surges in unlawful immigration over the past few months. In June, U.S. agents along the southern border encountered nearly 56,000 parents and children traveling as families, which was a 25% increase from May. DHS’ announcement is likely in reaction to these increases.

ILBSG will update its clients on any further developments in this area. If you have questions about any immigration issue or removal, contact us at ILBSG. Our expertise and focus ensure you get the right advice.

immigration Title 42 U.S. Removal