Supreme Court’s Decision to Keep Title 42 Intact is Another Blow to Asylum Seekers

Biden Administration Must Act Swiftly to Help Migrants at Border

(Washington)—The Supreme Court’s decision to keep Title 42 in place for months will continue to deny migrants their right to seek asylum, and the Biden Administration must act swiftly to help migrants being unduly punished by this racist policy.  

Title 42 is a violation of longstanding immigration law that requires asylum seekers receive a full and fair proceeding to determine their right to protection in the U.S. Title 42 has already heaped immense cruelty and hardship on nearly 2 million migrants who have been denied entry.  

“Title 42 should never have been put in place by the previous administration and has been used to push false and harmful misinformation of migrants at the southern border,” said ILRC Policy Attorney and Strategist Elizabeth Taufa. “The Biden Administration must be proactive in ensuring that humane, compassionate and lawful policies are enacted and they must stop prolonging the previous administration’s anti-immigrant agendas.”  

The Centers for Disease Control and Prevention has determined there is no public health rationale for keeping Title 42 in place. A federal judge in DC has ruled the policy was “arbitrary and capricious” and violated federal administrative law that governs regulations.   

“Title 42 was never about public health. It is a racist double standard put in place by the previous administration to keep out Black and Brown migrants,” Taufa said. “We saw the U.S. open its ports of entry to tourists and other travelers but asylum seekers, even those with proof of COVID-19 vaccination status, were blocked and expelledbecause of Title 42.”  


The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities. Follow us at, and on Twitter and Instagram @the_ILRC