CDC Public Health Determination and Termination of Title 42 Order

Today, following a thorough reassessment, the CDC Director is issuing a Public Health Determination and terminating an Order under 42 U.S.C. §§ 265, 268 and 42 C.F.R. § 71.40 (i.e., “Title 42”), suspending the right to introduce migrants into the United States. In consultation with the Department of Homeland Security (DHS), this termination will be implemented on May 23, 2022, to enable DHS time to implement appropriate COVID-19 mitigation protocols, such as scaling up a program to provide COVID-19 vaccinations to migrants and prepare for resumption of regular migration under Title 8.

After considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary.

With CDC’s assistance and guidance, DHS has and will implement additional COVID-19 mitigation procedures. These measures, along with the current public health landscape where 97.1% of the U.S. population lives in a county identified as having “low” COVID-19 Community Level, will sufficiently mitigate the COVID-19 risk for U.S. communities.

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