Title 42 of the U.S. Code is a law that dictates the Department of Homeland Security’s (DHS) expulsion of certain “covered non-citizens”. The order, which has been in place since March 2021, has been the subject of a recent lawsuit filed by a Texas lawyer in Federal Oversight. Many other states, including Arizona, have filed similar suits. However, a federal judge has so far ruled against the idea of repealing Title 42.
It is estimated that between 400,000 and two million illegal immigrants were released into the U.S. during the first year of President Biden’s administration. While some experts have attributed this increase to the aforementioned law, many others have noted that the number of border crossings increased dramatically due to the lack of effective security. In fact, apprehensions of illegal border crossers reached two million in the next three years. There is no doubt that Title 42 has hindered other immigration enforcement priorities. Nevertheless, the law has served its purpose in some instances.
For instance, the Department of Energy’s Office of Environmental Management performed a thorough review of the federal oversight that contributed to the accidental fire at the Wisconsin Institute for Applied Physics (WIPP). Although the law is not a secret, it is not surprising that the department would be interested in its performance. A team of qualified personnel is charged with overseeing high-hazard nuclear operations by contractors.
These sites are referred to as field offices. Each office is responsible for a wide variety of activities, from routine monitoring of EM operational issues to self-assessments of its own. One staff member monitors contractor activity, another performs routine safety reviews of EM facilities, and a third assists with oversight needs.
The most important part of the EM field office oversight program is its annual assessment plan. This document, which varies by site, typically features a large self-assessment of the Federal oversight program on a two or three-year periodicity. Other EM field offices may participate in the process, while HQ staff may conduct the oversight themselves. All of the above may be accompanied by a formal team assessment, which can take up to two weeks to complete.
Likewise, the Institute of Medicine has a Compliance Program that oversees the proper execution of its many responsibilities. The neophyte may not be aware of this program, but it plays a critical role in ensuring that the Institute adheres to laws and regulations, while also enforcing its own internal accounting controls. The EM has a number of other programs as well, including the Office of Operational Safety, which is responsible for the performance of EM field oversight. Specifically, the office is charged with implementing the EM Field Office’s oversight plan. Additionally, the EM consolidated business center assists with any oversight needs.
Finally, the CDC has a Title 42 order that has been around for at least the next four years. While there are rumors of a possible end to this rule, at this point, it is a mystery whether it will actually be repealed.