Background
On March 13, 2021, the ACLU of Massachusetts submitted a FOIA request to U.S. Customs and Border Protection asking for records concerning an anti-immigrant policy that expels asylum seekers from the southern United States border under the auspices of a public health measure. These records were sought in order to help the public understand how the public health authority of 42 U.S.C. § 265—whose 128 words were last modified in 1944—came to be used to override U.S. immigration laws and expel asylum seekers at the border without any legal process or screening. CBP’s response includes a July 28, 2021 guidance memorandum calling for “enhanced efforts to apply T42” and “the use of lateral flights” in light of the migrant “surge” in the Rio Grande Valley.
| Request Submitted To | U.S. Customs and Border Protection |
| Category | Immigration |
| Year Filed | 2021 |
| Number of Documents Received | 5 |
Responsive Documents
| # | File Name | Description | File Type | File Size |
| 1 | 3-42 USC 265 Field Guidance | Field Guidance 42 USC 265 | 411 KB | |
| 2 | 4-Updated Title 42 Guidance_Redacted | Updated Guidance for US Border Patrol Southwest Border Sectors on Maximizing use of Title 42 | 141 KB | |
| 3 | 5-USBP MEX OTM Title 42 Encounters March 2020 July 2021 | Nationwide Data on Title 42 Encounters March 2020 – July 2021 | 231 KB | |
| 4 | 6-Amendment and Extension of Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists (Print-only) | From Director of CDC – Amendment and Extension of Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists | 147 KB | |
| 5 | 7-OPA Review and Release_Redacted | Communication between Congressional Committee on Oversight and Reform and CBP/ICE/DHS | 2 MB |