NewsUSAWhat will happen when Title 42 expires in the United States? What follows after this border policy

What will happen when Title 42 expires in the United States? What follows after this border policy

(CNN) — There are only a few hours left until the implementation of the so-called Title 42 ends, a public health border restriction that came into force since the covid-19 pandemic. Its end will significantly alter multi-year immigration policy in the United States as the threat of chaos grows as thousands of migrants wait on the border with Mexico for its expiration.

Title 42 allowed authorities for a few years to quickly turn away immigrants at US borders, ostensibly to prevent the spread of the novel coronavirus. But that will change this Thursday at 11:59 pm Miami time, when the public health emergency and Title 42 expire.

These could be the impacts on border crossings after implementation of this policy ends.

Title 8 will go back into effect

Title 42 allowed border authorities to quickly turn away migrants found at the US-Mexico border, often depriving them of the opportunity to apply for asylum and drastically reducing processing time at the border. But Title 42 did not provide for broad legal consequences for migrants who cross, which meant they could attempt to cross again multiple times, facing no repercussions.

Once Title 42 ends, the US government will re-implement a decades-old rule, known as Title 8, which Homeland Security Secretary Alejandro Mayorkas has warned will have “more serious” consequences. for immigrants who enter the country without legal authorization.

The Department of Homeland Security (DHS) has repeatedly stressed in recent months that immigrants detained under Title 8 authority may face expedited removal proceedings, known as “expedited removal,” and a bar on reentry. for at least five years. Those who make subsequent attempts to enter the United States could face criminal prosecution, according to the DHS.

However, the Title 8 processing time can be long, presenting a significant challenge for authorities already dealing with a large number of apprehensions at the border. By comparison, processing time under Title 42 was around 30 minutes because migrants could be removed quickly, while under Title 8 the process can take more than an hour.

Additionally, Title 8 allows migrants to apply for asylum, which can result in a lengthy and time-consuming process that begins with a credible fear assessment by asylum officers before cases progress through the immigration court system.

Title 8 has continued to be used alongside Title 42 since the latter was implemented during the pandemic, with more than 1.15 million people apprehended at the southern border under Title 8 in fiscal year 2022, according to the Office of US Customs and Border Protection (CBP). More than 1.08 million people were removed under Title 42 at the southern land border during that same period.

There’s a new border policy

The Biden administration is also implementing tough new policies after Title 42 ends, which will go into effect this week.

That includes a new asylum rule that will largely bar immigrants who passed through another country from seeking asylum in the United States. The rule, proposed earlier this year, will make migrants ineligible to seek asylum in the US if they did not first seek refuge in a country they transited through, such as Mexico, on their way to the border. Immigrants who secure an appointment through the CBP One app will be exempt, according to officials.

If migrants are found not eligible for asylum, they could be removed through the expedited removal process.

The government also plans to return Cubans, Venezuelans, Haitians and Nicaraguans to Mexico if they cross the border illegally, marking the first time the United States has sent non-Mexican citizens back across the border.

Senior administration officials have stressed that the actions are necessary to encourage people to use legal pathways to enter the US That includes parole programs for eligible nationalities to apply to enter the US, and Expand access to an application for immigrants to make an appointment to appear at a port of entry.

The State Department also plans to open about 100 regional processing centers in the Western Hemisphere where migrants can apply to enter the US, although the timetable is unclear.

“However, we have combined this with a robust set of consequences for non-citizens who, despite having these options available, continue to cross the border illegally,” a senior administration official told reporters Tuesday.

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