Title 42 has ended: what will happen to immigrants on the borders of the USA and Mexico - ForumDaily
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Title 42 has ended: what will happen to immigrants on the borders of the USA and Mexico

The administration of US President Joe Biden has repealed Title 42 (Section 42). It expires today, May 11th. We decided to find out what will change at the borders and in the US as a whole.

Photo: IStock

According to Title 42, in order to ensure public health, migrants at the US-Mexico border were returned to Mexico to await a decision on their case. CNN.

What will happen on the border after the cancellation of Title 42

Officials predict that the cancellation of Title 42 will lead to a significant increase in the number of migrants trying to enter the US.

One reason for the expected surge is that many of the migrants sent back to Mexico under the rule are getting desperate and losing patience.

Lawyers say that for many of those expelled under Title 42, the situation was dire.

Since Biden took office, Human Rights First has uncovered more than 13 cases of kidnapping, torture, rape, or other violent attacks against people deported to Mexico under Title 000.

On the subject: Biden will send 1500 troops to the border with Mexico: they must contain the influx of illegal immigrants

Another reason for the expected surge in migrants crossing the border is misinformation from smugglers who use them for financial gain, officials say.

The head of the Department of Homeland Security, Alejandro Mallorcas, urged potential migrants not to become victims of these criminals.

“You are being deceived, you are risking your life and your savings only to face consequences that you do not expect at our border,” he said. “The border is not open, has not been opened and will not be opened after May 11th.”

Immigrants will now be covered by Title 8, which used to be in conjunction with Title 42.

What is Title 8

Title 8 is an immigration law that has been around for decades and has been enforced alongside Title 42 for the past three years. New York Post.

About 60% of all illegal immigrants entering the US this year were under Title 8, according to Border Patrol statistics.

“Once Title 42 ceases to be effective, we will process families and single adults at the border using Title 8,” said US Customs and Border Protection [CBP] Deputy Commissioner Benjamin Huffman.

Migrants of all nationalities may be subject to Title 8. requires longer processing times and may result in deportation or a lawsuit involving fines.

Unlike Title 42, Title 8 deportees are generally banned from entering the US for five years and will be prosecuted if they attempt to re-enter the US during that time.

"We're going to do an expedited removal for single adults," Huffman said. “We want to do as much as we can while they are still in CBP custody.”

What new immigration rules are in place

Border guards will rely heavily on a new immigration rule that will allow them to turn down asylum seekers at the border who have not yet been scheduled for interviews or who did not seek asylum in the country en route to the US.

“If you left your home, traveled through several other countries and did not try to apply for asylum there, this is called an authoritative presumption,” explained the deputy commissioner of the US Customs and Border Protection. “You are not supposed to be eligible for asylum unless you have an emergency.”

The Department of Homeland Security says that this way the administration will be able to turn away a large number of migrants at the border.

In addition, the Biden administration is launching a new program for migrant families to track them as they go through an expedited deportation process, including a measure requiring them to remain under house arrest. CNN.

The so-called Expedited Family Deportation Management (FERM) will provide some families with an alternative to detention, such as a GPS tracker, and imposing curfews on them in four cities.

Families still have the option to apply for asylum through the program and, if they qualify, go through the asylum procedure. Families found to have no reason to seek asylum are subject to removal under an expedited deportation process that bans them from entering the US for five years.

You may be interested in: top New York news, stories of our immigrants and helpful tips about life in the Big Apple - read it all on ForumDaily New York

What role does Mexico play?

The Biden administration also announced a landmark deal under which Mexico would continue to accept Cubans, Venezuelans, Nicaraguans and Haitians who were denied entry to the US.

“For the first time in our history, we will be allowed to deport non-Mexican people from the United States back to Mexico,” Huffman said.

Mexico agreed to receive 30 migrants per month from each of these four countries.

In return, Washington will continue to admit 30 migrants per month from the same countries under the humanitarian password.


Now, to apply for asylum in the US, immigrants do not even have to queue at the border. It is enough to use the CBP One application.

How to register there and make an appointment, we wrote here.

They also wrote that the application gives preference to those migrants who have a good Internet connection and are more tech-savvy - as a rule, such turn out to be Russian-speaking people who arrived in Mexico to apply for asylum in the United States.

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