How did Title 42 expulsions and pandemic-era policies affect border encounter and population statistics between 2019 and 2021?
Executive summary
Title 42 and allied pandemic-era measures sharply changed how U.S. authorities recorded and processed people at the southwest border between 2019 and 2021, producing higher headline "encounter" totals while simultaneously compressing formal asylum processing and increasing repeat crossing attempts that inflated encounter counts [1] [2]. Key metrics shifted: expulsions under public‑health authority rose to dominate outcomes in 2020–21, recidivism (repeat encounters) climbed from 7 percent in FY2019 to roughly 26–27 percent by FY2021, and asylum filings fell precipitously in 2021 compared with 2020 [3] [4] [5].
1. Title 42 turned encounters into expulsions and shrank asylum processing
Beginning spring 2020, U.S. authorities used Title 42 to expel migrants rapidly on public‑health grounds rather than process them under immigration law; during the pandemic the policy was applied millions of times—over 2.8 million expulsions since March 2020 by one count—and about half of all migrants encountered since that date were quickly expelled, meaning fewer people were formally referred into asylum procedures [1]. That operational shift is visible in service-level data: many encounters that formerly led to Title 8 processing (credible‑fear interviews, court placements) were converted into Title 42 expulsions, and referrals to credible‑fear screening dropped markedly compared with 2019 levels [6] [7].
2. Encounters rose even as "unique people" stagnated or fell, due to repeat attempts
The pandemic-era tally of "encounters" obscured how many distinct individuals were involved because Title 42 imposed no lasting immigration consequences for expulsion; migrants often reattempted crossing, producing multiple encounters per person and inflating totals [8] [2]. CBP and independent analysts show repeat crossing rates jumped from about 7 percent in FY2019 to roughly 26–27 percent in FY2020–2021, and in many months a third or more of encounters were by people previously encountered—so total encounters could rise while the count of unique individuals remained flat or even declined [3] [4] [9].
3. Demographics and case mix shifted toward single adults and away from children/families
Title 42’s mechanics and subsequent legal rulings produced a demographic change: families and unaccompanied minors—who are likelier to seek asylum—were increasingly excluded from expulsions (a court order and CDC exemptions protected unaccompanied children starting late 2020/early 2021), while single adults made up a growing share of encounters under expulsion authority [3] [10] [7]. Analysts note that because expulsions were concentrated among citizens of a few countries that Mexico would accept back, the policy also skewed nationality mixes of those formally expelled versus those channeled into Title 8 [5] [11].
4. Quantitative contrasts: 2019 baseline vs. 2021 pandemic reality
Comparisons across fiscal years illustrate the distortion: in portions of FY2021 CBP recorded more than a million encounters but substantially fewer unique encounters than in FY2019 (through nine months of FY2021 CBP reported 1,119,204 encounters with only 690,718 unique encounters compared with 780,479 encounters and 721,328 unique encounters in the same FY2019 period), while asylum filings dropped roughly 56 percent from FY2020 to FY2021—evidence both of operational displacement from court processes and of reduced formal asylum access [9] [5]. Title 42 expulsions peaked as a share of encounters in May 2021—about 57 percent that month—showing how dominant expulsions became in shaping aggregate statistics [3].
5. How analysts interpret the net effect—and where uncertainty remains
Scholars and advocacy groups converge on a central point: Title 42 did not so much stop migration as change its accounting and incentives—by removing legal consequences for expulsions it incentivized repeat attempts and produced higher encounter totals while decreasing lawful asylum processing [11] [12]. At the same time, sources note limits in attributing causality: other pandemic-era travel restrictions, shifts in regional routes and push factors, and diplomatic constraints on removals (for some nationalities) also shaped flows, and publicly available counts cannot fully disaggregate how many encounters represent unique asylum seekers versus repeat attempts [13] [1]. The reporting cited here provides consistent patterns across agencies and NGOs, but cannot, by itself, resolve all counterfactuals about what would have occurred absent Title 42.