4/21 As of the release of this paper, over 1,200 people
have been expelled to Haiti since February 1, 2021, including hundreds of children, and dozens of Haitians, possibly hundreds, more have been expelled to Mexico.5
Almost all of these expulsions are occurring under what is referred to as the “Title 42” policy enacted
by the Centers for Disease Control (“CDC”), which authorizes the expulsion of noncitizens without
any procedural protections guaranteed by Congress, such as the right to seek asylum and other related
forms of humanitarian protection. The Trump Administration’s justification for adopting this policy
that violates U.S. immigration statutes and its international obligations of non-refoulement was to protect Customs and Border Protection (“CBP”) officers from COVID-19 and to minimize the number of
persons in congregate settings, such as immigration detention centers.6
