Many migrants who, often driven out by drug and gang crime in their native South America, want to apply for asylum in the USA believe they are “exposed to the same dangers as in their own country” – but are prevented from doing so by a legal regulation. However, many are denied the right to asylum – which is enshrined in international law as well as in US law. The reason for this is a regulation called “Title 42” from March 2020, from Donald Trump’s term as US President. This stipulates that undocumented migrants are immediately turned away at the border without even being able to apply for asylum. This is justified with the pandemic.
Under Trump’s successor Joe Biden, the health authority CDC had announced that it would abolish the regulation. However, a federal judge shortly before that ruled that Title 42 must remain in effect for the time being. Among other things, its end would burden individual states with irreparable damage through health and education costs, it said. The Biden government had prepared for a large crowd on the southern border. The number of unauthorized border crossings has been record high in recent months.
“This politically motivated decision by a Trump-appointed judge continues to deny people their legal and fundamental right to seek asylum in the United States,” said Marielena Hincapié, director of the National Immigration Law Center.