What Is Title 42 Border Policy?

Health officials developed the Title 42 immigration policy in 1944 to slow the spread of communicable diseases in the United States. Before 1944, the government used similar laws to expel migrants from the United States during meningitis outbreaks.

The Trump administration invoked Title 42 on March 20, 2020, as COVID-19 cases mounted. However, despite widespread access to testing and vaccines, Title 42 remains in use today. Border patrol agents regularly process migrants citing Title 42 as the reason for migrants expelled at the U.S.-Mexico border.

As of January 26, 2023, the Biden Administration has staunchly opposed and upheld the Title 42 Policy. Undocumented migrants seeking asylum continue to wait for the president to determine its lawful use for the foreseeable future. Supreme court cases continue to mount over the legality, usefulness, and practicality of Title 42.

How Do the Expulsions Work in Practice?

Title 42 border policy states that border agents have the right to deny certain migrants access to the United States if their presence further contributes to spreading communicable diseases.

In cases of Title 42, migrants who seek protection get sent back to their home country or placed in federal facilities by border patrol to await deportation or their appeal process. Many asylum claims take between three and five years to yield a determination.

What Happens to Migrants Who Are Not Expelled?

Since the enactment of Title 42 on March 20, 2020, by the Trump administration, over two million asylum seekers have been removed from the United States by border patrol.

Those who seek asylum from unsafe homelands may find themselves in limbo as the Biden administration continues to waver regarding the future of Title 42.

Those who avoid expulsion still face many challenges. Unfortunately, expedited removal, immigration court cases, and detention centers await migrants who narrowly avoid expulsion or attempt to cross the U.S.-Mexico border illegally.

What Happens if Title 42 Is Ended?

The Biden administration has introduced some exemptions to Title 42, which include a ban on expelling unaccompanied children, but undocumented immigrants attempting to enter the U.S. may still be turned away.

If the administration ends Title 42, then Border Protection agents are likely to return to processing migrants with Title 8. This means that immigrants without proper documentation are subject to criminal prosecution for attempting to enter the U.S. illegally.

While this is often a misdemeanor, those with previous charges can receive a felony.

Undoubtedly, the ethics, pathos, and credible fear of Title 42 will receive some attention as the next presidential election nears closer and immigration officials and Homeland Security determine the fate of millions of migrants.

Do you have questions about title 42 border immigration policy?

The Costas Network Law Center, LLC proudly serves the Ohio and Texas communities. Our team relishes the opportunity to help clients navigate complex immigration law issues. Call our team at The Costas Network Law Center, LLC at (216) 616-3103 or (346) 818-2726 to schedule your initial consultation today!


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