Title 42 ended on May 11, 2023 after 3 years, and with it, thousands of migrants will seek asylum at the southern border. There is a lot of talk around the issue of the border, so understanding who is there, why they are there, and what will happen to them is important.
Key Facts about Title 42
- Title 42 is a public health law that the Trump administration invoked in 2020 due to the COVID-19 pandemic.
- During the era of Title 42, asylum has all but ended on the Southern border for many nationalities, as border agents could turn away asylum seekers before they could have a meaningful chance to claim asylum.
- Over the past 3 years, Title 42 has caused immense harm to vulnerable people who have been returned to danger and it created a bottleneck at the southern border.
- After Title 42 expires, the U.S. will return to using Title 8 for its immigration laws.
- Title 8 is the statutory process Congress created for processing immigrants. It was created at a time when regional migration patterns looked a lot different than they do now. It was largely male, largely Mexican, and those arriving to look for work. Now it is largely families, women and children, from many different places in the Americas, looking for safety.
- In anticipation of May 11th, the Biden administration has announced that it is doing several things including finalizing their asylum transit ban proposed rule, returning to conducting credible fear interviews telephonically in CBP custody, and planning to open in-country processing in select countries.
For more information on the Asylum process under Title 8:
Who is there?
Why are they there?