US President Joe Biden’s administration begins a new chapter this Thursday (11) with the end of “Title 42”, the country’s landmark immigration regulation.
The rule allowed the US government to automatically deport anyone who entered the country without a visa or the necessary documents due to the Covid-19 pandemic.
However, denying immigrants entry to the U.S. now would be “too bureaucratic” for officials — and the implications of the move could be confusing.
Understand the key points covering Title 42 below:
What does Title 42 say?
The text made immediate entry possible for immigrants who arrived at the US border without a visa or required documentation. This denial also applies to political asylum seekers.
Since its implementation in March 2020, Title 42 has been used 2.8 million times to prevent people from entering the United States. In many cases, the same person was denied entry more than once.
However, children traveling alone are exempted. And, according to reports, the rule was applied inconsistently according to the nationality of the migrants — because some countries, including Venezuela and Cuba, are more difficult to deport people to.
Who Enacted Title 42?
In March 2020, the Centers for Disease Control and Prevention (CDC) issued an order restricting immigration to the United States, saying it was necessary to slow the spread of Covid-19.
With that, then-President Donald Trump authorized the implementation of Title 42 by Customs and Border Protection.
The Biden administration initially pursued the policy. While many Democrats have urged the president to scrap the rule, some have supported keeping it in place, saying the U.S. is unprepared for the surge of asylum seekers.
Why stop Title 42?
The Biden administration announced in January that it would end national emergencies related to the pandemic. It also refers to using Title 42 to deal with immigration. The last day to use this rule is this Thursday.
What changes for asylum seekers?
Asylum seekers will be interviewed by immigration officials until Friday (12). People who have a “credible fear” of persecution in their home countries can stay in the U.S. for the final decision.
While some are detained during the asylum process, the majority are released with notices to appear in US immigration court or report to immigration authorities.
What changes for immigrants?
For now, the U.S. government must roll back an old provision known as Title 8 to deal with the influx of immigrants.
If immigrants are “ineligible for asylum,” they can be deported under Title 8, an immigration law that has been in use for decades and allows deportation of anyone who enters the country without a visa or the necessary documents, but who has no health problems.
An unidentified U.S. government official said the administration will significantly expand the use of expedited border clearance starting Thursday and, for the first time in history, will allow migrants from Cuba, Nicaragua, Haiti and Venezuela to be deported to Mexico. Based on Title 8.
Migrants of other nationalities will be repatriated to their home countries with the legal backing of agreements negotiated over the past year and a half.
In addition, the U.S. government has said that immigrants must apply online and receive protection in the country they passed through to increase their chances of being accepted into the country.
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