President-elect Trump is likely to justify his plans to seal off the border with Mexico by citing a public health emergency from immigrants bringing disease into the U. S. Now he just has to find one. Trump last invoked public health restrictions, known as Title 42, in the early days of the pandemic in 2020. As he prepares to enter office again, Trump has no such public health disaster to point to. His advisers have spent recent months trying to find the right disease to build their case. They have looked at tuberculosis and other respiratory diseases as options and have asked allies inside the Border Patrol for examples of illnesses that are being detected among migrants, the New York Times reports.
They also have considered trying to rationalize Title 42 by arguing broadly that migrants at the border come from various countries and may carry unfamiliar disease — an assertion that echoes a racist notion with a long history in the U.S. that minorities transmit infections. The plan to invoke the border restrictions based on sporadic cases of illness or even a vague fear of illness — rather than a major disease outbreak or pandemic — would amount to a radical use of the public health measure in pursuit of an immigration crackdown. Even when the coronavirus was spreading, the use of the health authority to turn away migrants prompted scrutiny from the courts and public health officials. Trump’s immigration advisers, led by Stephen Miller, believe they are entering a political environment that will welcome more aggressive border enforcement, particularly after some Democrats embraced using restrictions like Title 42. President Biden used it to turn away thousands of migrants before eventually deciding to lift it, well after his public health advisers said the restrictions were no longer useful for the purpose of stopping the spread of disease.