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Revoking Title 42: A Major Shift in U.S.-Mexico Border Policies

Title 42 is coming to an end!

Revoking Title 42: A Major Shift in U.S.-Mexico Border Policies
Juan Carlos Saloz

Juan Carlos Saloz

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The U.S.-Mexico border has just reached a new stage that differs greatly from what has happened to migrants in recent years. It is all due to the end of Title 42, a law implemented by Donald Trump that has just been repealed by Joe Biden’s administration, for the benefit of migrants.

This rule, imposed by the Donald Trump Administration under the pretext of containing the spread of the pandemic, allowed for the rapid expulsion of migrants, returning them to Mexico in a matter of minutes. However, its elimination raises new questions that Joe Biden‘s Administration hopes to resolve as the weeks go by.

Farewell to Title 42

This rule coexisted with Title 8, another similar law that had governed exclusively for decades until March 2020. The decision to apply one or the other was left to the discretion of immigration officials, and in practice, in recent weeks, the majority had opted for Title 8, which was somewhat more open in its restrictions but still allowed for the detention of migrants. During 2022, more than 1.15 million migrants were detained under Title 8, and more than 1.08 million under Title 42.

Title 8 allowed the deportation of more than three million migrants during the eight years of the Barack Obama Administration. But after the end of Title 42, new features have been integrated into the current rule: those who wish to apply for asylum are required to do so through a mobile application from their countries of origin, in order to ensure that their application will be considered.

This obligation has been criticized by migrants, who consider that its use is difficult and that it implies having adequate internet access, something that is not always guaranteed in their countries. But if migrants arrive in the United States without having complied with this requirement or are ineligible for asylum, they will be deported and barred from trying again for at least five years. And, if caught attempting to cross again during that period, they will face prison sentences in the United States.

Those who are eligible to apply for asylum in the United States will also have to wait in a detention center while their case is being resolved. In addition, they will have to demonstrate that they are in “credible fear,” that is, that their lives are in danger in their places of origin.

Those who pass this test will be allowed to remain in the country while their cases are brought before the immigration courts. They will be granted a document with an appointment with a judge somewhere in the United States, which will allow them to travel freely throughout the country. Time frames for resolving cases vary from several weeks to several years. Currently, there are two million open cases and immigration judges are overwhelmed.

U.S. authorities expect this change to cause an increase in border crossings, reaching around 13,000 people per day, up from 6,000 just a few weeks ago on busy days. This will also have an impact on the time immigration officials will have to spend completing processing. Under Title 42, 10 to 30 minutes was enough to decide on removal, while the process required by Title 8 rules extends that time to more than an hour.

This week, the United States also implemented a new asylum rule that will greatly restrict the ability of migrants who have passed through another country before arriving at the border to apply for asylum in the United States. This rule, proposed earlier this year, deems that such individuals had the opportunity to seek refuge in those places. However, those migrants who obtain an appointment through the CBP One application will be exempt from this restriction.

In addition, the State Department plans to open approximately 100 regional processing centers in the Western Hemisphere, where migrants will be able to submit applications for acceptance into the United States, Canada or Spain. At this time, little is known about how these plans will be carried out.

The combination of all these measures, which involve both providing legal, albeit limited, avenues and tightening border security to curb irregular crossings, is aimed at discouraging migrants from crossing the border illegally and preventing an unprecedented surge in the number of asylum seekers. Experts have noted a global trend of unprecedented migration growth, and these measures seek to address this situation in a controlled and balanced manner.

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Juan Carlos Saloz

Juan Carlos Saloz

Cultural journalist specialized in film, series, comics, video games, and everything your parents tried to keep you away from during your childhood. Also an aspiring film director, screenwriter, and professional troublemaker.

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