Title 42 Has Expired: All You Need to Know

Title 42: Estimated tens of thousands of migrants are gathering at the US-Mexico border in anticipation of the expiration of a public health restriction imposed during the pandemic that will significantly alter US immigration policy for several years.

Title 42 was issued at the beginning of the Covid-19 pandemic and authorized the rapid rejection of travelers at US borders, presumably to stop the spread of the novel coronavirus. However, as of late Thursday, the public health emergency and Title 42 no longer existed.

Title 42 Has Expired
Title 42 Has Expired

Here’s how border crossings may change once the order is no longer in effect:

Title 8 Has Been Reinstated

Title 42 authorized promptly rejecting migrants discovered by border agents, denying them the opportunity to claim asylum and drastically reducing processing times at the US-Mexico border. However, the migrants faced essentially no legal consequences for crossing under Title 42, so even if they were turned back, they might attempt again and again.

Homeland Security Secretary Alejandro Mayorkas has warned that migrants caught entering the country illegally will face “more severe” repercussions now that Title 42 has been repealed. Title 8 is a portion of US statute that dates back decades.

Over the past few months, DHS has underlined the possibility of “expedited removal” for migrants captured under Title 8 authority, along with a five-year restriction on reentering. DHS has warned that anyone who tries to enter the United States again may be prosecuted criminally.

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However, Title 8 proceedings can take a long time, making it difficult for authorities to deal with a large volume of border arrests. When compared to Title 8, which can take well over an hour, Title 42’s processing time averaged under 30 minutes because migrants were rapidly ejected.

To qualify for asylum under Title 8, refugees must first pass a credible-fear screening conducted by asylum officials. If they pass this test, their cases will move forward via the immigration court system.

More than 1.15 million people were caught at the southern border under Title 8 in fiscal year 2022, as reported by US Customs and Border Protection. This is even though Title 42 has been in effect since the Covid-19 pandemic. During the same period, almost 1.08 million persons were deported along the southern land border under Title 42.

An Updated Border Policy Is Also in Place

In addition to the repeal of Title 42, the government is implementing stringent new policy measures this week.

Among these measures is the implementation of a new asylum regulation that will essentially prevent migrants who transited to another nation from claiming refuge in the United States. This law, introduced earlier this year, would make it so that migrants couldn’t claim asylum in the United States if they hadn’t already done so in a country like Mexico. Officials have said that migrants who schedule an appointment through the CBP One app will not have to go through customs.

If asylum seekers are determined to be ineligible, they may be deported quickly through a process known as “expedited removal,” which would result in a five-year ban on reentry to the United States.

For the first time in US history, the Trump administration intends to send non-Mexican people back over the border to Mexico if they cross the border illegally from Cuba, Venezuela, Haiti, or Nicaragua.

High-ranking government officials have said the measures are essential to persuade immigrants to enter the country legally. That includes expanding access to an app allowing migrants to set an appointment to present themselves at a port of entry and expanding parole programs for qualifying nations to apply to enter the US.

There will be roughly one hundred regional processing facilities in the Western Hemisphere where migrants can petition to enter the United States, however, the State Department has not specified a date for their opening.

Despite these opportunities, “We have paired this with serious consequences for illegal border crossers who are aware of these alternatives but choose to ignore them,” a senior administration official told reporters on Tuesday.

Video of Trump speaking after Title 42 Ends Watch Now

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