Title 42 Ending: What Immigrants Need to Know

Posted on 06/26/23

Title 42 Ending

Title 42 was put into place as a measure related to the pandemic, and resulted in 2.8 million migrants being turned away at U.S. borders since March 2020. With the end of the pandemic, many programs and rules have changed. Title 42 Restrictions were lifted as of May 12th, 2023.

What was Title 42?

Title 42 was an emergency public health measure that prevented asylum seekers from entering the United States during the pandemic. There was concern that allowing this form of immigration during the pandemic increased the risk of infectious diseases, particularly COVID-19.

The policy dates back to 1893, and it was instituted again by the CDC in March 2020 to authorize border agents to expel immigrants without hearing their asylum cases.  

As Title 42 ends and threats of Covid are diminished, there will be new opportunities for migrants to enter the United States, but also a new category of restrictions.

How Ending Title 42 Changes Immigration Policies

The people being turned away at the border have been asylum seekers fleeing Venezuela, Cuba, Nicaragua, Haiti, and other countries plagued by poverty, violence, and political unrest.

At the last estimate, there are 65,000 migrants waiting along the U.S.-Mexico border. These individuals will now be eligible for screening after a temporary placement at a detention center. The results of the screening determine whether the migrant will be deported or allowed to stay in the U.S. and continue pleading their case through immigration court.

About Title 8

As Title 42 ends, it is being replaced by a previous policy called Title 8. While Title 8 allows migrants to resume seeking asylum in the United States, it does contain harsher punishments for illegal immigrants who are not genuine asylum seekers.

Penalties for violating Title 8 rules include:

  • Deportation
  • Banning entry into the U.S. for a period of five years
  • Criminal prosecution

New Immigration Rules as Title 42 Ends

Even though Title 42 restrictions have been lifted, new rules are replacing Title 42 that won’t make seeking asylum easy. For example, to seek asylum in the United States, one must first apply for asylum online and seek further protection in any country they traverse between their home country and the United States.

An anticipated consequence of this new rule is some asylum seekers will find it more difficult to enter the United States if they first travel here through another country.

Because this immigration law is new, however, it could face challenges in court and may be overturned. Supporters argue that it is meant to minimize the fear that there will be a massive influx of immigrants flooding into the United States overnight, and it allows for a more manageable process for genuine asylum seekers.

To accommodate the expected increase of immigrants, the current administration plans to open approximately 100 application processing centers across the globe to allow for relocation to other countries besides the United States, including Canada, and Spain.

There will also be an online scheduling platform for asylum seekers to schedule immigration appointments. When fully operational, it could accommodate up to 1,000 appointments daily.

Further technology is also in the midst of being rolled out, including something called “Family Expedited Removal Management,” a program that ensures migrant family heads of household adhere to certain policies, including curfews.

Contact an Experienced Immigration Attorney Today

At the Law Offices of James A. Welcome, we keep abreast of the latest immigration policies and new developments. Our attorneys advocate for immigrants from all over the world. To discuss a path toward entering or staying in the United States, please contact our office and request a consultation.