The Biden administration is planning to revert back to an earlier foundation of immigration policy once the authority of Trump-era Title 42 expires. This will result in increased hurdles and potential penalties for migrants seeking asylum, if their claims are deemed illegitimate. The processing and paperwork procedures for the large number of migrants at the border, which could reach 10,000 per day, are yet to be determined. Already, Customs and Border Protection has encountered over 26,000 migrants at the border in just three days.
With the end of Title 42, Title 8 of the Immigration and Nationality Act will become the new standard. Many migrants are arriving in Ciudad Juarez to cross the border into the United States before the expiration of the Title 42 policy, which allows for the immediate expulsion of irregular migrants. Those who enter the country illegally could face a five-year ban on reentry.
The law, enacted in 1952, has guided border enforcement for decades. It allows asylum seekers to participate in a ‘credible fear’ interview, after which they may be sent back to their home country or Mexico through expedited removal proceedings if they fail the interview. Otherwise, they can begin the lengthy process of seeking asylum.
However, those whose claims are considered invalid could face severe consequences, such as a five-year ban on reentry and potential government prosecution for repeat border crossings. President Joe Biden’s administration is preparing for an influx of border crossers once the Title 42 authority expires. Since March 2020, there have already been approximately 2.8 million expulsions under Title 42.
To encourage asylum seekers to make their claims, the government has introduced an app for making appointments. Violating the five-year ban can lead to prosecution or a ban of up to 20 years on reentry. Those with valid asylum claims may be placed in long-term detention facilities or released, but they will still need to appear before an immigration judge. The administration is working to allocate more resources to address the backlog of cases at the border.
Title 42, which was implemented in March 2020 by former President Donald Trump as a public health measure during the COVID-19 pandemic, is finally coming to an end. It was used to rapidly expel migrants back to Mexico without processing their asylum claims. Since its implementation, Title 42 has been used over 2.7 million times. The Biden administration is deploying 1,000 active-duty service members to the southern border in anticipation of potential chaos once the policy ends.
Under Title 8, asylum seekers will no longer be processed through Title 42. Instead, they will go through a different border policy that allows for a preliminary interview or a chance to appear before an immigration judge. This means that border crossers may be paroled in the United States, held in detention centers, or held in processing centers while their cases are decided.
Title 42 was enacted in 1944 as part of the Public Health Service Act. It allows border and immigration authorities to prohibit the entry of individuals who may pose a health risk or have recently visited a country with a communicable disease. During the pandemic, Title 42 was used to immediately deport migrants without processing their asylum claims.
President Biden has made multiple attempts to end Title 42, but faced opposition from Republicans and immigration hawks. The policy remained in place due to legal proceedings. Now, on May 11, 2022, the policy is set to expire, marking the end of a three-year public health emergency.
Since its implementation, Title 42 has resulted in the expulsion of over 2.5 million migrants. It remains unclear how many of them were repeat offenders. With the end of Title 42, the Biden administration has deployed 1,500 active-duty soldiers to the U.S.-Mexico border for 90 days in preparation for potential spikes in border crossings. There are concerns about the impact of Title 42’s end and the number of migrants waiting at the border to enter the U.S. once the policy expires.
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