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What is Title 42 and how does it affect immigrants?

by Jesse Young

With the end of Title 42, the US government will reimplement immigration procedures under Title 8. 

This is what this means. 

Title 42 was imposed by the Trump administration in March 2020. During the pandemic, this policy granted border patrol agents the authority to turn away immigrants seeking asylum without giving them the opportunity to explain their case. Since then, immigrants attempting to enter the United States were turned away more than 2.8 million times to Mexico or their countries of origin. Now, under Title 8, border agents will no longer have the authority to turn away immigrants. 

Does this mean 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 the 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 reimpose stricter penalties for illegally crossing the border, including deportation, a re-entry ban of at least 5 years, and even criminal charges. 

New rule 

There will also be a new rule going into effect that will make seeking asylum more difficult. 

Yes, that is 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 what your thoughts are. 

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

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

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