What Is Title 42? 

On May 23, 2022, President Biden announced that Title 42 would finally come to an end after over two years and nearly 2 million expulsions. Title 42 closes the U.S. border to all asylum seekers on the grounds of protecting public health – but in a letter to the Trump administration, experts explained that migrants have never posed a heightened risk of transmitting COVID-19.

In spite of this evidence, a group of Republican-led states sued the Biden administration to keep this shameful policy in place, and a federal judge ordered that expulsions continue for the time being. This means even more children and families will be needlessly sent back to imminent danger.

"To indefinitely continue the use of Title 42 to turn away asylum seekers is unconscionable, particularly after the Biden administration claimed to be in the process of rescinding this harmful policy,” said Christy Gleason, Vice President of Policy, Advocacy and Campaigns at Save the Children.

Thankfully, a recent U.S. Supreme Court decision is providing some relief to asylum seekers. On June 30, 2022, the Court struck down the Migrant Protection Protocols (MPP). Commonly known as the “Remain in Mexico” policy, MPP  caused a humanitarian crisis on the Mexican side of the border.

“We wholeheartedly applaud today’s decision by the Supreme Court, finally allowing the Biden administration to end the harmful Remain in Mexico policy, closing a shameful three-year chapter in American history."

Learn More About What Title 42 Means for Asylum-Seeking Families

What is Title 42 and how does it differ from the Migrant Protection Protocols?

MPP allowed individuals and families to make an asylum claim in the U.S., but forced them to wait out their immigration proceedings in Mexico. When Title 42 was enacted in March of 2020, it closed the U.S. border to all asylum seekers, citing public health risks that aren’t grounded in scientific evidence.

What were the Migrant Protection Protocols (MPP), also known as 'Remain in Mexico' policy?

The U.S. government enacted the Migrant Protection Protocols in January of 2019. This policy forced migrants from Mexico to wait outside of the U.S. for the duration of their immigration proceedings.

MPP expelled more than 70,000 people – including 13,000 children – to overcrowded border camps in dangerous Mexican cities, where they waited for months or years at a time.

The Supreme Court’s recent decision to strike down the program marked an important win for advocates and countless migrant children and families. 

What does the Supreme Court decision to strike down MPP mean for asylum-seeking children and families?

The Supreme Court decision to strike down MPP is an important win for asylum seekers. Migrants in urgent need will no longer be forced to wait in dangerous Mexican cities as their asylum claim is processed. However, because Title 42 remains in place, many families will still be expelled without being able to make an asylum claim.

Children and families escaping violence, persecution and extreme poverty deserve to be welcomed with dignity and compassion.

How has Save the Children advocated against MPP and Title 42?

Since the very first days of MPP and Title 42, Save the Children and its political advocacy arm, Save the Children Action Network, have advocated on behalf of migrants in urgent need. We work closely with our partners and the Biden administration to get both policies rescinded and provide recommendations on how to build a more humane immigration system.

Together, we continue to mobilize to ensure asylum-seeking families stay together and are treated with dignity and respect.

Going forward, what will Save the Children do to advocate against Title 42?

Seeking safety is never a crime. Our nation cannot live up to its promise to protect at-risk children until we ensure every last asylum seeker is sheltered from violence and abuse.

Save the Children calls upon the Biden administration to swiftly find a solution that best serves the interests of migrant children and families. Our government cannot continue to use a public health policy to temporarily distract from the crisis we created at our southern border.

We demand permanent protections for asylum seekers and a more fair and humane immigration system.

How can I help children and families impacted by the U.S. Border Crisis?

As Save the Children is helping meet the urgent needs of children and families, your donation to the U.S. Border Crisis Children's Relief fund can support our work at the U.S.-Mexico Border. 

How is Save the Children working in Mexico to help asylum-seeking children and families impacted by Migrant Protection Protocols?

Save the Children US is in constant partnership with Save the Children Mexico to deliver lifesaving support to families impacted by MPP and Title 42. From our joint advocacy efforts to the services we provide at shelters across the country, we continue to work hand-in-hand to protect children and families in urgent need.


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