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Immigration Insight

What is Title 42 and how does it affect immigrants?

May 20, 2023
  • News

By Jesse Young

With the end of Title 42, the United States government will return to implementing immigration procedures under Title 8. 

This is what it means. 

Title 42 was imposed by the Trump administration in March 2020. During the pandemic, this policy granted Border Patrol agents the authority to reject asylum-seeking immigrants without giving them the opportunity to explain their case. Since then, immigrants attempting to enter the United States were rejected over 2.8 million times and sent back to Mexico or their countries of origin. Now, under Title 8, border agents will no longer have the authority to reject immigrants. 

Does this mean that the United States now has open borders? 

No, this does not mean that the United States will have an open border. On the contrary, what this means is that the federal government will return to regular processing of asylum applications at ports of entry, and those seeking asylum must apply within the first year of their arrival in the United States. 

The United States government will also reinstate stricter penalties for crossing the border illegally, including deportation, a re-entry ban of at least 5 years, and even criminal charges. 

New Rule 

There will also be a new rule coming into effect, making the asylum-seeking process more difficult. 

Yes, that’s important. Asylum seekers who have not first sought protection in other countries will be disqualified. 

The United States government has stated that it is working with the United Nations and other countries to open processing centers in Colombia and Guatemala, in order to encourage immigrants to seek refuge in the United States or other countries without having to walk to the border, putting their lives at risk, and also due to the high number of migrants expected to cross the border with the end of Title 42. Let us know in the comments if you have any questions or thoughts. 

Here at Eagan, we strive to create hope and opportunities for every immigrant. We use innovative strategies to tackle the most challenging cases, such as VAWA for victims of domestic abuse, T Visa for trafficking victims, family-based petitions, and SIJS. 

Eagan Immigration has considerable experience working with individuals with complex criminal and immigration backgrounds, and we enjoy finding creative solutions in difficult cases. 

Call us at 202-618-4307 and speak with a specialist at Eagan Immigration. 

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