Sec. 2. Findings
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Congress finds the following: On March 20, 2020, the Centers for Disease Control and Prevention issued an order (referred to in this section as the title 42 expulsion order ) pursuant to sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268), which authorizes the Surgeon General to prohibit the introduction of certain persons into the United States from countries where an outbreak of a communicable disease, such as the deadly COVID–19 pandemic, exists when necessary to protect the public health from such disease.
The title 42 expulsion order was extended on April 20, 2020, and later amended on May 19, 2020, to further extend the duration of such expulsions, subject to monthly review. In 2020, U.S. Border Patrol made 382,374 title 42 expulsions to protect the United States from further introduction of COVID–19. In January 2021, the Biden administration, acting swiftly and aggressively to combat coronavirus disease 2019 , issued proclamations suspending entry into the United States of travelers from the United Kingdom, the Republic of Ireland, and many other countries.
As of June 14, 2021, Mexico, Honduras, and Guatemala each had sufficiently high new incidents of COVID–19 to receive a COVID–19 Risk Assessment Level 3
(high)rating by the Centers for Disease Control and Prevention, which is the same level of COVID–19 risk as many of the countries from which entry is suspended to travelers under the Biden administration proclamations, including the United Kingdom, the Republic of Ireland, and other countries. Staggering numbers of migrants are flooding across the international border between the United States and Mexico, resulting in a humanitarian, public safety, and national security crisis. During the first 5 months of 2021, U.S. Border Patrol had more than 687,854 encounters with undocumented migrants at the Southwest border, with undocumented migrants from Mexico and the Northern Triangle countries accounting for 569,298 of those encounters, or roughly 83 percent of the total. During April 2021, U.S. Border Patrol encountered more aliens along the Southwest border than during any other month since 2001. News outlets have reported that the Biden administration will shortly end the necessary and effective title 42 expulsion policy. As countries continue to pose a high risk of transmission of COVID–19, the Biden administration should continue to exercise the expulsion authority granted under section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) to prevent further spread of the disease .
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