Media Contact

Marcela Taracena, media@acluaz.org, 480-685-6277

October 4, 2021

The call to end Title 42 comes as DHS continues daily expulsion flights to Haiti and after horrifying abuse of Haitian migrants at the hands of the U.S. Border Patrol

PHOENIX, AZ - The American Civil Liberties of Arizona, elected officials, and community leaders and organizations today sent a letter to Department of Homeland Security Secretary Alejandro Mayorkas calling for an end to migrant expulsions under Title 42. The policy, initially put in place by President Trump, allows for the expulsion of migrants without due process in the name of public health.

Even as Border Patrol’s horrifying abuse of Haitian migrants in Del Rio, Texas made international news, the Biden administration has yet to commit to bringing Title 42 to an end; instead, it ramped up Title 42 expulsion flights to Haiti. The letter from Arizona leaders is one of many from groups across the country calling for an end to Title 42 and follows the civil rights complaint and demands for transparency by Black immigrant organizations over the treatment of Black migrants at Del Rio last week.

Since its implementation, Title 42 has been criticized for violating international and U.S. law and denying migrants the fundamental right to seek asylum. CDC officials, public health experts, and even top United Nations officials have stated the arguments for keeping temporary restrictions in place lack public health justification. When asked about Title 42, even Dr. Anthony Fauci recently stated that “My feeling has always been that focusing on immigrants, expelling them...is not the solution to an outbreak.”

The border state signatories of the letter ask Secretary Mayorkas to bring an end to Title 42 expulsions of people seeking asylum, in accordance with U.S. and international law, and build a better system that treats people seeking protection both with dignity and in a way that protects public health. 

“The Biden administration has subjected hundreds of thousands of people to this cruel policy - families have been torn apart and many have been forced to return to dangerous conditions. Title 42 inflicts severe harms on those seeking protection from persecution,” said Yvette Borja, staff attorney for the ACLU of Arizona. “The continued use of Title 42 is unacceptable, particularly since the government has the resources and tools needed to safely process people who seek asylum. It’s time to end this horrific policy and reimagine an asylum system that treats people with the dignity and respect they deserve.”

A copy of the letter can be found here.

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