Donald Trump 'Looking at' Title 42 Executive Order on Day One 

What's New

President-elect Donald Trump is "looking at" rolling out an executive order on day one of his presidency to address Title 42.

Incoming White House press secretary Karoline Leavitt confirmed that Trump's first executive orders could include measures that deny many migrants asylum.

"He will use the power of his pen to deliver on many of the promises he made to the American people on the campaign trail to secure our southern border," Leavitt said on Fox News' Sunday Morning Futures.

"Well, securing the southern border, perhaps looking at Title 42," she added on the show. "Many of these executive actions are still being considered by our policy teams and also our lawyers."

Newsweek has contacted the Trump-Vance transition team for comment via email outside of normal office hours.

Why It Matters

Title 42 was a controversial Trump-era policy implemented during the early stages of the COVID-19 pandemic that allowed the Centers for Disease Control and Prevention (CDC) to prohibit the entry of individuals into the U.S. if entry could pose a risk of introducing a communicable disease.

People fleeing violence or persecution were forced to wait in dangerous conditions in Mexico or other countries while being barred from entering the U.S. This led to significant humanitarian concerns.

What To Know

Title 42 refers to a public health law that was originally part of the U.S. Code in the 1940s. The law, specifically Section 265, denied many migrants the ability to seek asylum, a right enshrined in U.S. law and international treaties.

Its introduction in March 2020 represented a significant shift in immigration policy, limiting asylum and raising questions about the intersection of health concerns and immigration enforcement.

Its implementation allowed the first Trump administration to reduce the number of migrants allowed to enter the U.S. for immigration processing.

Legal battles ensued over the use of Title 42. Opponents argued that the policy violated U.S. immigration laws and rights and international refugee agreements. Supporters maintained that the policy was necessary for public health and safety during the pandemic.

Although the Biden administration initially sought to rescind it more than a year earlier, the policy did not ultimately end until May 2023, when the pandemic public health emergency was officially declared over.

What People Are Saying

Nicole Elizabeth Ramos, director of the Al Otro Lado Border Rights Project, said in a statement to Newsweek: "We saw them fight to keep the border closed to refuge under the Trump-era policy, Title 42. We saw them refuse to process refugees at U.S. ports of entry, in violation of federal and international law, instead forcing them to wait in deadly border cities, for months on end, to obtain a processing appointment.

"We saw this administration open and expand open-air detention camps, where refugees are not provided with food, water, shelter, or protection from scorching and freezing temperatures, winds, or heavy rains.

Leavitt previously told Newsweek: "On day one, President Trump will marshal every lever of power to secure the border, protect their communities, and launch the largest mass deportation operation of illegal immigrant criminals in history."

She told Sunday Morning Futures on December 22 that Trump would also "fast-track permits for fracking, for drilling, and to also take executive action to stop some of the transgender insanity that we have seen take over this country."

What Happens Next

Trump is set to return to the White House in less than a month, and he has pledged to conduct the biggest deportation operation in American history.

The president-elect has repeatedly vowed that on the first day of his administration he would halt all migrant flights, shut down the CBP One asylum application app, end catch-and-release, reinstate the Remain in Mexico policy, and secure the border.

Anonymous Customs and Border Protection sources previously told Newsweek that they expect the incoming administration to implement a series of executive orders signed within 24 hours to enact Trump's hard-line immigration agenda.