After Ending Title 42: Does The US-Mexico Border Became Open?
The elimination of Title 42 deportation will have substantial effects on immigrants who are applying for asylum in the United States. The US government has utilized Title 42 expulsion to send away immigrants, including asylum seekers, who cross the border illegitimately for reasons of public health. Human rights organizations and immigration supporters have attacked this policy, claiming that denying migrants access to the asylum process, breaches both local and international law.
The Trump administration's pandemic public health restrictions known as Title 42 are scheduled to expire on May 11.
What is Title 42?
Title 42 expulsion is a policy that was implemented by the Trump administration in March 2020 in response to the COVID-19 pandemic. It allows the U.S. government to expel migrants, including asylum seekers and Immigration to America, who cross the border without authorization, on public health grounds.
The policy is named after Title 42 of the U.S. Code, which gives the government the authority to take measures to prevent the introduction and spread of communicable diseases in the United States. The Centers for Disease Control and Prevention (CDC) has used this authority to issue a public health order that allows the U.S. government to expel migrants without due process.
Since its implementation, Title 42 expulsion has been controversial, with critics arguing that it violates international and domestic law by denying migrants access to asylum procedures and putting them at risk of persecution, torture, and other human rights abuses.
The Biden administration initially continued the policy but exempted unaccompanied children from the order. However, in May 2021, the administration announced that it would begin phasing out the policy for families and other vulnerable individuals.
The decision to end Title 42 expulsion has been welcomed by human rights organizations and immigration advocates, who argue that the policy has been used as a pretext to deny migrants their right to seek asylum in the United States.
Does that mean the U.S.-Mexico Border became Open?
However, it is essential to note that ending the policy does not mean that the USA-Mexico border will be open to all immigrants. The U.S. government still has the authority to enforce immigration laws and to screen and process individuals who cross the border.
Furthermore, the U.S. government has been dealing with an increasing number of migrants at the border, including unaccompanied minors and families. The Biden administration has faced criticism for its handling of the situation, with some arguing that its policies have encouraged more migrants to make the dangerous journey to the United States.
What are the implications of ending Title 42 expulsion for migrants seeking asylum in the US?
The implications of ending Title 42 expulsion for migrants seeking asylum in the United States are significant. Title 42 expulsion has been used by the U.S. government to expel migrants, including asylum seekers, who cross the border without authorization on public health grounds. This policy has been criticized by human rights organizations and immigration advocates, who argue that it violates international and domestic law by denying migrants access to asylum procedures.
Ending Title 42 expulsion means that migrants seeking asylum in the United States can access the asylum process and have their claims evaluated. This is a positive development for asylum seekers who have been denied access to this process under the policy. Asylum seekers will now have the opportunity to present their cases to U.S. immigration officials and to have their claims evaluated based on the merits of their individual cases.
However, it is important to note that ending Title 42 expulsion does not mean that all asylum seekers will be granted asylum in the United States. Asylum seekers will still need to meet the eligibility requirements for asylum and will need to provide evidence to support their claims. The U.S. government has the authority to deny asylum claims that do not meet the legal requirements for asylum.
In addition, the U.S. government is still dealing with an increasing number of migrants at the border, including unaccompanied minors and families. The process of screening and processing these individuals can be time-consuming and resource-intensive. As a result, asylum seekers may still face long wait times and delays in having their claims evaluated.
What is the Relation between Title 42 and Title 8?
Title 42 and Title 8 are both sections of the United States Code that deal with immigration. Title 42 is a public health law that allows the government to expel migrants who are suspected of carrying a communicable disease, such as COVID-19. Title 8 is the main body of immigration law, and it sets forth the rules for how the government can admit and deport immigrants.
Title 42 was invoked by the Trump administration in March 2020 at the start of the COVID-19 pandemic. It was used to expel millions of migrants who attempted to cross the U.S.-Mexico border. The Biden administration continued to use Title 42, but it announced in April 2022 that it would end the policy on May 23, 2022.
The end of Title 42 will mean that migrants who are apprehended at the border will be processed under Title 8. This means that they will be able to seek asylum in the United States, and they will be subject to the same immigration laws as any other migrant.
The end of Title 42 is expected to lead to an increase in the number of migrants apprehended at the border. The Biden administration has said that it is prepared for this increase, and it has taken steps to increase the capacity of the U.S. government to process migrants.
The end of Title 42 is a significant change in U.S. immigration policy. It will allow more migrants to seek asylum in the United States, and it will subject them to the same immigration laws as any other migrant. It is unclear what the long-term impact of the end of Title 42 will be, but it is sure to be a major issue in U.S. immigration policy for years to come.
Title 8 of the United States Code, on the other hand, is focused on immigration and nationality law. It includes provisions related to the admission, exclusion, and removal of non-citizens, as well as the acquisition and loss of U.S. citizenship.
While there may be some overlap between Title 42 and Title 8 in certain areas (such as the provision of healthcare to non-citizens), they are generally separate and distinct areas of law. However, the two titles may intersect in certain situations, such as when immigration policies have an impact on public health or welfare.
What are the eligibility requirements for asylum in the US?
To be eligible for asylum in the United States, an individual must meet certain requirements. These requirements are outlined in the Immigration and Nationality Act (INA) and include the following:
- The individual must be outside their home country or country of last habitual residence. This means that individuals who are already in the United States, including those who entered illegally, may still be eligible for asylum.
- The individual must have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. The fear of persecution must be based on past persecution or a well-founded fear of future persecution. The persecution must be by the government or by individuals or groups that the government is unable or unwilling to control.
- The individual must be unable or unwilling to return to their home country or country of last habitual residence because of their fear of persecution. This means that the fear of persecution must be so severe that it would be unsafe for the individual to return home.
- The individual must file their asylum application within one year of their last entry into the United States unless they can demonstrate that there are changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing.
- The individual must not be barred from asylum under certain circumstances, such as if they have committed a serious crime or if they pose a national security risk to the United States.
It is important to note that asylum seekers must provide evidence to support their claims of persecution. This evidence may include documents such as police reports, medical records, or affidavits from witnesses.
In summary, to be eligible for asylum in the United States, an individual must have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group, and must be unable or unwilling to return to their home country because of this fear. Asylum seekers must file their application within one year of their last entry into the United States, provide evidence to support their claims, and must not be barred from asylum under certain circumstances.
Check also the Asylum section on the official website of U.S. Citizenship and Immigration Services (USCIS).
Conclusion
Title 42 expulsion is a policy that allows the U.S. government to expel migrants on public health grounds. Its implementation has been controversial, with critics arguing that it violates international and domestic law by denying migrants access to asylum procedures. The Biden administration has announced that it will begin phasing out the policy, but ending it does not mean that the U.S.-Mexico border will be open to all immigrants. The U.S. government still has the authority to enforce immigration laws and to screen and process individuals who cross the border.
Ending Title 42 expulsion is a positive development for migrants seeking asylum in the United States. They will now have the opportunity to access the asylum process and have their claims evaluated. However, asylum seekers will still need to meet the eligibility requirements for asylum and may face long wait times and delays in having their claims evaluated.
