2022 Reporting: Biden Expected to End the Title 42 Border Policy by May 23

Historical information notice: This article preserves its original publication context (03/30/2022). Laws, policies, procedures and fees may have changed. Consult a qualified attorney about current requirements and your circumstances before acting.

This article preserves the reporting context of 03/30/2022, when the Biden administration was expected to end the pandemic-era Title 42 border-expulsion policy by 05/23/2022. An expected timetable is not proof that the policy actually ended on that date. The article should be read as historical reporting, rather than present-day immigration guidance.

The CDC’s April 2022 determination documented the contemplated 05/23/2022 timetable. Primary source

What Title 42 referred to

The border policy relied on public-health authority during the COVID-19 emergency. It allowed expulsions under that framework and became the subject of extensive litigation and policy debate. References to Title 42 in this context concern a particular public-health order, not the repeal of the entire public-health title of the United States Code.

The subsequent CDC determination issued in April 2022 set out the contemplated 05/23/2022 termination timetable. It helps identify the policy discussed in this historical report; it does not establish that the anticipated timetable was ultimately carried out.

An expected policy change did not mean unrestricted entry

The announcement under discussion concerned a particular public-health border order. It did not promise unrestricted admission, eliminate immigration eligibility requirements or determine the outcome of an individual asylum case.

Terms such as expulsion, removal, asylum application and admission describe different legal events. A historical news story cannot determine which event appears in someone's own record. Obtain the relevant government documents and read the stated legal basis before drawing conclusions.

Why an individual's documents matter

Keep copies of notices, travel records and prior applications. The date and legal basis of an earlier border encounter may matter in later proceedings, but its consequences cannot be determined from the phrase Title 42 alone.

Our immigration practice addresses a range of immigration procedures. Readers preparing for an agency appointment can also review the role of counsel at an immigration interview; the appropriate preparation depends on the type of appointment and the person's history.

How to use historical reporting responsibly

Distinguish the date an announcement was made from the date a rule took effect, and check whether litigation or later action changed the timetable. Current official instructions and case-specific notices should guide deadlines and required responses.

Do not treat this historical account as advice to travel, enter the United States or take a particular procedural step. For help identifying the documents needed for an individual assessment, contact Blumsack & Canzano.

Legal Disclaimer. Originally published: 03/30/2022. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.