Rejections at the Border: Concerning Patterns in the United States and European Union Asylum Policies, a Comparative View of the United States’ Title 42 Policy and Spain’s Pushbacks in Ceuta and Melilla

Michelle Furrer

January 2023 update: On December 27, 2022, the U.S. Supreme Court granted a stay in the case of Arizona, et al. v. Alejandro Mayorkas, Secretary of Homeland Security, effectively ruling it would keep Title 42 in place indefinitely until the Justices decide if the Biden Administration has the authority to terminate the program.[1] Justice Neil Gorsuch dissented and argued that states are misusing the policy in response to “an immigration crisis at the border” as they know the public-health justification for the policy “has lapsed.”[2] This stay prompted the Biden Administration to issue a suite of refugee and asylum policies on January 5, 2023. These policies, while offering a new pathway to Cubans, Haitians, and Nicaraguans with U.S. based sponsors, also expand the Title 42 expulsions policy[3] “meaning that Cubans, Haitians, and Nicaraguans attempting to seek asylum at the U.S.-Mexico border will now—for the first time—be turned away without a basic screening for asylum or other protections.[4] Any continuation of the Title 42 policies will only hinder the internationally recognized right to seek asylum at the U.S.-Mexico border. 

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