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The End of Title 42: One Month Later

What was Title 42?

Title 42 was created as a temporary measure that Border Patrol could employ which lasted from March 20th, 2020 until May 12th, 2023. It gave Border Patrol the authority to expel migrants who arrived at the border if there was a serious threat that they may bring an infectious disease into the country. The intention behind Title 42 was to limit the spread of Covid-19 into the United States, and there were some exemptions to who could not be removed through the use of Title 42, such as green card holders and those with valid travel documents. However, it did allow for the removal of migrants seeking asylum.

What is Title 8?

Title 8 contains all of the immigration laws that are enforced by Border Patrol and has been the standard used to determine who is eligible for entry into the United States and who is subject to removal. The Department of Homeland Security (DHS) has stated that while Title 42 has been lifted, they have strengthened their enforcement of Title 8. The Biden administration added extra measures to Title 8 at the expiration of Title 42 to assist in the processing of new migrants, which includes:

  • Opening around 100 regional processing centers to direct migrants towards legal paths for immigration
  • 5-year bans on reentry for migrants for those that fail to use lawful avenues of immigration
  • Expanding the holding capacity of Border Patrol facilities by 50%
  • Doubling the number of refugees accepted from countries in the Western Hemisphere

Current Asylum-Seeking Trends in the U.S.

Over the past month, the number of unlawful entries along the Southwest Border has seen a 70% decrease according to DHS. This is being attributed to the harsher consequences for unlawful entry into the U.S. as well as the increase in lawful avenues of entry introduced at the end of Title 42. Here are some other DHS facts about Southern Border Entries since the end of Title 42:

  • Border Patrol has averaged around 3700 unscheduled encounters per day
  • Almost 14,000 credible fear referrals have been received by USCIS, with 11,500 credible fear interviews being conducted for migrants who are seeking asylum and fear returning to their country of origin.
  • Border Patrol has increased their number of scheduled appointments available for migrants entering the U.S. to 1250 appointments a day, exceeding the average of 1070 migrants presenting themselves at a port of entry each day for an appointment.

Reach Out To Us Today to Learn More

Are you currently seeking Asylum in the United States? Do you have questions or concerns about your eligibility for Asylee Status as a result of the increased measures of Title 8? If you have questions about the immigration process or are curious on how to apply for immigration, book an appointment today with an immigration attorney to receive legal advice. The immigration attorneys at Godoy Law Office in Oak Brook, Illinois can help you with your immigration case. If you need help with an immigration issue, or you are ready to get started on your immigration journey, please contact our office or call us today.

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