CZM Rewind: Title 42: How a Public Health Law Kills Refugees
It Could Happen Here
Cool Zone Media and iHeartPodcasts
4.0 • 6.5K Ratings
🗓️ 14 October 2025
⏱️ 34 minutes
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Summary
In the first of a four-part series, James discusses the last three years of immigration policy and what they mean for people seeking refuge in the USA.
Original Air Date: 5.30.23
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Transcript
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| 0:00.0 | This is an IHeart podcast. |
| 0:15.2 | You probably don't remember the passage of Title 42, |
| 0:19.1 | let alone that of Title 42 chapters 6A subchapter 2 Part G, Section 264. |
| 0:25.8 | But it's a part of US federal law that gives the government the authority to take emergency action to keep communicable diseases out of the country. |
| 0:33.4 | The portion which allows a sweeping disregard for asylum law, passed in 1944, reads in one |
| 0:39.8 | giant run-on paragraph sentence as follows. |
| 0:42.3 | Whenever the Surgeon General determines that by reason of the existence of any communicable |
| 0:47.4 | disease in a foreign country, there is serious danger of the introduction of such disease |
| 0:51.8 | into the United States, and that this danger is so increased |
| 0:55.1 | by the introduction of persons or property from such country that a suspension of the right |
| 0:59.2 | to introduce such persons and property is required in the interest of the public health. |
| 1:03.5 | The Surgeon General, in accordance with regulations approved by the President, shall have |
| 1:07.3 | the power to prohibit in whole or in part the introduction of persons and property |
| 1:11.7 | from such countries or places as he shall designate in order to avert such danger, |
| 1:16.2 | and for such period of time as he may deem necessary for such purpose. |
| 1:20.1 | Before President Donald Trump's administration used it on March 20, 2020, |
| 1:25.0 | it had been used only in 1929 to keep ships from China and the Philippines from |
| 1:29.4 | entering U.S. ports during a meningitis outbreak. But in March of 2020, when you probably |
| 1:34.6 | weren't paying much attention because the world was falling apart, when I'd just returned from a |
| 1:39.3 | work trip to Rwanda, where I was month before any precautions appeared in the USA, screened for a novel coronavirus, |
| 1:46.1 | the Trump administration cited this public health law in instructions to the Department of Homeland |
| 1:51.1 | Security on restrictions for migrants entering the United States. |
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