Reps. Espaillat, Lee, Torres, Watson Coleman, Aguilar, Meng Decry Adoption of Title 42 to Homeland Security Funding Bill for FY2023

WASHINGTON, DC – Today, Representatives Adriano Espaillat (NY-13), Grace Meng (NY-06), Pete Aguilar (CA-31), Norma J. Torres (CA-35), Bonnie Watson Coleman (NJ-12), and Barbara Lee (CA-13) released the following joint statement in response to the attempt to codify Title 42 during the Appropriations Committee's markup of the fiscal year 2023 Homeland Security bill.

“Title 42 is not an immigration authority, but a public health authority employed by the Centers for Disease Control and Prevention, and codifying this horrific policy does not serve any legitimate health or safety goals,” said the members. “Title 42 prevents the ordinary operation of our asylum laws in the United States, and immigration and public health professionals have shown that the order does not function as a border management tool and was never really about public health but rather was cloaked in bigotry and hate. Maintaining Title 42 puts individuals in great danger, worsens the situation at the border, and serves no valid public health aims. This change will have serious, long-term repercussions for future government actions and civil society.

“It is particularly harmful to make Title 42’s rescission and asylum access contingent on termination of the COVID-19 emergency declaration, a decision with widespread public health and safety ramifications,” the members continued. “The decision to end the COVID-19 public health emergency declaration is an incredibly consequential one. The termination will restrict or eliminate the government's ability to respond to public health issues associated with COVID-19, including the granting of waivers or changes to the criteria for Medicare, Medicaid, and CHIP.

“We are deeply troubled that this Committee has adopted a measure to prolong the shameful Title 42 and hold it victim to the National public health crisis. Connecting asylum access to the requirements of millions of people in need of public health care will unduly politicize both immigration and public health, with negative results for both. We are committed to working with our colleagues to fully restore asylum access and stop the adoption of legislation that would extend this Trump administration policy and we vehemently oppose the amendment to extend Title 42,” the members concluded.