Title 42 is a term that has been widely used in the context of U.S. immigration policy for the past three years. But what does it mean, and why is it ending? What is Title 42, how it has affected migrants at the US-Mexico border, and what will happen after it expires on May 11, 2023?
What is Title 42?
Title 42 is a part of U.S. law that deals with public health, social welfare, and civil rights. It allows the federal government to take emergency action to keep infectious diseases out of the country.
In March 2020, at the beginning of the COVID-19 pandemic, the Trump administration invoked Title 42 to close the border to nonessential travel and to quickly expel most migrants who entered the country without authorization, without giving them a chance to ask for asylum or other forms of protection. The administration claimed this was necessary to prevent the spread of the coronavirus in crowded detention facilities.
The Biden administration, which took office in January 2021, kept Title 42 in place for more than a year, despite criticism from public health experts, Democrats, and advocates who said it was not justified by science and violated human rights and U.S. laws. The administration also expanded Title 42 to include some families and unaccompanied children previously exempted.
Since its implementation, Title 42 has resulted in more than 2.7 million expulsions of migrants at the border, according to U.S. Customs and Border Protection. However, this number includes many repeat crossers, as some migrants have tried multiple times to enter the U.S. after being turned back. Mexico has also refused to accept some nationalities under Title 42, such as Haitians and Cubans, leaving them stranded in dangerous border towns or makeshift camps.
Why is Title 42 ending?
Title 42 expires on May 11, 2023, at 11:59 pm EDT (0359 GMT Friday), when the U.S. COVID public health emergency ends. The Biden administration has decided not to extend it, citing a diminished public health risk and a commitment to restore a fair and humane immigration system.
However, the end of Title 42 does not mean that migrants will have an easy time entering the U.S. or requesting asylum. The administration has also finalized a new regulation that will go into effect at the same time as Title 42 expires, which will severely limit who can qualify for asylum in the U.S.
The new regulation bars anyone who has passed through another country without seeking refuge there first or who has yet to access legal pathways to enter the U.S., such as visas or humanitarian parole. Almost all illegal border crossers will be ineligible for asylum, regardless of their fear of persecution or harm in their home countries.
The administration says this rule is necessary to deter irregular migration and promote safe and orderly migration. However, critics say that it violates U.S. and international laws that guarantee the right to seek asylum and ignores the realities and challenges migrants face in their journeys.
What will happen after Title 42 ends?
The end of Title 42 will mean a major shift in U.S. immigration policy and a significant challenge for the Biden administration. The administration expects more migrant arrivals at the border, mainly from Central America, where many people are fleeing violence, poverty, and instability.
The administration has deployed more resources and personnel at the border to cope with the influx, including 24,000 more law enforcement officers and 1,500 active-duty troops. The administration has also asked Mexico to send troops to its southern border with Guatemala to control the flow of migrants from Central America.
The administration says that it will process all migrants under Title 8, the pre-pandemic law that governs deportations and asylum claims. Under Title 8, migrants who express fear of returning to their home countries can request asylum but will have to pass a screening interview known as a credible fear interview. Those who pass will be allowed to pursue their cases in immigration court, while those who fail will be subject to removal.
However, given the new regulation restricting asylum eligibility, most migrants will likely fail the credible fear interview or be denied asylum by an immigration judge. The administration says it will prioritize removing those who do not qualify for asylum or other forms of protection.
What are the implications of the end of Title 42?
The end of Title 42 will have significant implications for migrants, U.S. authorities, and the international community. Here are some of them:
- For migrants, the end of Title 42 will mean a mixed bag of opportunities and challenges. On the one hand, they will have a chance to seek asylum or other forms of protection in the U.S., which they were denied under Title 42. On the other hand, they will face a much stricter asylum system that will likely reject most of their claims, leading to their deportation. They will also face longer waits and uncertainty in immigration detention or alternative programs such as ankle monitors or case management. Some migrants may cross the border before Title 42 expires, hoping to avoid the new regulation. Others may stay in Mexico or other countries, waiting for better conditions or options.
- Ending Title 42 will mean a huge operational and logistical challenge for U.S. authorities. They must process and screen thousands of migrants daily while ensuring their health and safety amid the pandemic. They must provide adequate shelter, food, medical care, and legal assistance to migrants in their custody or under their supervision. They must coordinate with other agencies and organizations, such as the Department of Health and Human Services, the Department of Justice, the United Nations, and non-governmental organizations. They must balance their humanitarian and security responsibilities while facing political pressure and public scrutiny.
- For the international community, the end of Title 42 will mean a test of solidarity and cooperation. The U.S. will need its neighbors’ and allies’ support and collaboration to manage the migration flows and address their root causes. Mexico will play a vital role as a transit and destination country for many migrants and a partner in border security and development initiatives. Other countries in Central America and beyond will also need to step up their efforts to protect and assist migrants in their territories and prevent and combat smuggling and trafficking networks. The U.N. and other international organizations must provide technical and financial assistance to support the U.S. and other countries’ migration policies and practices.
The end of Title 42 marks a new chapter in U.S. immigration history. It is a moment of opportunity and challenge for all stakeholders involved. It is also a reminder that migration is a complex and dynamic phenomenon that requires comprehensive and humane solutions.