During the Covid-19 pandemic, immigration became especially difficult for many reasons. One of the key barriers to entry was Title 42, which allowed the U.S. to expel migrants at U.S. borders without immigration proceedings, particularly during public health emergencies.
However, in early April 2023, the U.S. government made headlines with a series of actions to manage regional Immigration. One of the most monumental changes brought Title 42 to an end in early May.
For a deeper understanding of Title 42’s effect on immigration and how its termination will impact individuals and families seeking to cross the southern border, read on.
In this blog, we will shine a historical light on Title 42 restrictions, delve into the recent changes to Title 42, and discuss how state and federal immigration laws work with Title 42.
If you or a loved one are affected by changes in immigration policies, the experienced attorneys at Scott D. Pollock & Associates, P.C. are here to help. Contact us today for a consultation.
A Brief History of Title 42
Title 42 was not initially an immigration policy; it was a public health provision enacted as part of the U.S. Code.
Although the policy was justified as a necessary measure to stop the spread of the virus, some critics argued that it bypassed the due process rights of asylum-seekers and other migrants.
Over time, Title 42 became synonymous with border restrictions as its use expanded beyond public health concerns. It allowed for expedited removal of individuals attempting to cross the border regardless of their reason for entry or asylum claims. The push for expedited removal has led to a significant decrease in the number of individuals able to seek refuge in the United States through the asylum process.
As Title 42 evolved, so did the debate surrounding its implementation. The policy’s end signifies a potential return to more traditional immigration processes but presents new challenges and uncertainties for those seeking to cross the U.S. southern border.
How Will Recent Changes to Title 42 Affect Immigration
So, what does the end of Title 42 mean for individuals and families seeking to cross the southern border?
1. A Potential Increase in Immigration
The main concern raised as Title 42 ended was that it would lead to an increase in the number of immigrants seeking to enter the United States–especially at the southern border. Instead, there has been a drop in the number of illegal border crossings.
There are some reasons why this might be the case.
- More migrants are using the CPB One app to book immigration appointments.
- People seeking asylum in the U.S. must prove they sought asylum in countries they passed through on their way to the U.S.
- The new consequences of crossing the border illegally (which we will discuss in the next section) may have contributed to a drop in crossings.
2. Reverting to Title 8 And New Consequences For Illegal Crossing
With the termination of Title 42, the U.S. administration plans to expand expedited removal processes under Title 8.
What does this change mean for migrants?
Essentially, the government will have the authority to remove individuals from the country if they cannot establish a legal basis for their presence, such as an approved asylum claim. Additionally, those removed under this expedited process would face a re-entry bar, preventing them from returning to the United States for five years.
This development has significant implications for migrants and asylum seekers. While the end of Title 42 might initially appear to allow for more lenient border policies, expanding expedited removal under Title 8 could pose new challenges for those seeking to enter the United States.
As a result, asylum seekers must clearly understand the asylum process and legal requirements to establish a legitimate claim.
In light of these changes, individuals and families seeking to cross the border must understand the new landscape and potential legal ramifications. The experienced attorneys at Scott D. Pollock & Associates, P.C. can provide invaluable guidance to those navigating these changes.
3. Longer Waiting Periods
With the expected increase in border crossings, there may be additional strain on immigration facilities and processes. The added strain could result in longer waiting times and more intense scrutiny of immigration applications and asylum claims.
However, new Regional Processing Centers are being set up in Central and South America and at the border to help meet the increased demand. These centers identify individuals needing protection and provide them with the information and assistance needed to access legal pathways to the United States and other countries.
The Regional Processing Centers have three main goals:
- Identify individuals who require humanitarian protection before they reach the U.S. border.
- Expand the availability of legal pathways for entry, including employment-based visas, family reunification, and sponsorship.
- Establish a more streamlined and credible process at border facilities.
4. Increased Access to Asylum Procedures
Because the asylum process is complex and demanding, asylum seekers often require access to legal representation. With the rapid expulsions required by Title 42, many asylum seekers had insufficient time and resources to find legal help.
The end of Title 42 could mean the restoration of due process for asylum seekers, providing them the opportunity to present their cases to immigration authorities or in immigration court.
5. Protection for Vulnerable Groups
Critics argued that Title 42 detrimentally affected vulnerable groups such as unaccompanied minors and families. Many believed that the policy focused too heavily on a broad expulsion strategy and failed to consider the specific circumstances. The end of Title 42 could offer better protection for vulnerable groups.
The Role of State and Federal Immigration Laws
Despite the termination of Title 42, a complex web of laws and regulations still governs immigration in the United States. Understanding the distinction between state and federal immigration laws and how they interact with policies like Title 42 and Title 8 is crucial for those seeking to navigate the immigration process.
The U.S. Congress enacts federal immigration laws that apply uniformly across all states. Federal agencies such as U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) enforce these laws.
While individual states cannot regulate who can enter the country, they can enact laws that affect immigrants within their borders. These laws may be related to employment, access to public benefits, and law enforcement practices.
Immigration laws are complex and constantly evolving, and a knowledgeable attorney can guide and assist in navigating these laws effectively. For those seeking to understand the intricacies of state and federal immigration laws, contact our team for a consultation.
How Scott D. Pollock & Associates, P.C. Can Help
In the ever-evolving landscape of immigration policies, Title 42’s termination marks a significant turning point. For many individuals and families seeking to enter the United States, this change brings both opportunity and uncertainty.
Whether you are seeking asylum, are concerned about the repercussions of unlawful entry, or are trying to understand the complexities of state and federal immigration laws, it’s helpful to have knowledgeable attorneys on your side.
The attorneys at Scott D. Pollock & Associates, P.C., specialize in immigration law.
We can assist you with:
- Expert Guidance on Immigration Laws: Our legal team can advise you on navigating federal and state immigration laws. We can help you understand your rights and the options available to you.
- Asylum Claims Assistance: We can help you build a strong case and represent you in immigration court if necessary.
- Counsel on Unlawful Entry: Are you or a loved one involved in a case of unlawful entry or smuggling people over the border? Our legal team can provide counsel on the best course of action and represent you in legal proceedings.
- Representation in Immigration Proceedings: We’ll guide you through the immigration process–from initial visa applications to representation in removal proceedings.
- Staying Informed and Prepared: Our team is always up-to-date on the latest developments in immigration law. We will keep you informed and prepared for any changes affecting your immigration status.
Navigating the complexities of immigration laws and procedures can be daunting, especially with the recent changes to Title 42. You don’t have to face these challenges alone! The attorneys at Scott D. Pollock & Associates, P.C. are committed to providing compassionate and knowledgeable legal assistance.
Don’t leave your future to chance. If you or a loved one need guidance on immigration matters, contact Scott D. Pollock & Associates, P.C. today for a consultation.
For questions and/or to arrange a consultation with one of our attorneys contact us now
