The public health measure Title 42 that authorized the quick expulsion of immigrants at the southern border is set to end at midnight.
When the pandemic-era measure ends, the United States will return to the decades-old immigration policy under a section of code known as Title 8, a set of laws that governs how immigrants can enter and stay in the U.S., outlining the deportation process and provisions for appeals, how to obtain a visa, and gaining permanent residency or citizenship.
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Any noncitizens who cross the border illegally and do not have a legal reason to remain in the U.S. will be processed for removal. The removal process under Title 8 is lengthy compared to Title 42. The old policies require a legal screening, creating a paper trail.
Immigrants who express a fear of returning to their home country are referred to an asylum officer, who will conduct an interview to determine their credibility. If they pass, they could file for asylum, which typically takes years but can be fast-tracked under specific circumstances. If they do not pass the interview, they are sent back and could be subjected to a five-year ban on reentry and possible criminal prosecution. Cases are then processed through the immigration court system.
Under Title 8, officials can deport any immigrant with a criminal record and those who violate “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance.”
These were the policies that were in place prior to Title 42, which took effect in March 2020 under the Trump administration as a way to curb the spread of COVID-19. The Biden administration kept the measure, resulting in about 2.8 million immigrants being expelled, according to data tracked by the Washington Office On Latin America.
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Along with following Title 8 protocols, a new rule was proposed earlier this year so applications are only open to those who can prove they applied to third countries and were rejected. People must show they tried to make appointments through CBP One, the Customs and Border Protection system, to encourage submitting information prior to crossing the border.
As Title 42 ends, the Biden administration has faced pressure to create a plan to aid the overwhelming number of immigrants flooding border cities.
