Established during the Trump Administration, leaving only the old restrictions in force
Reform Agency
Thursday, May 11, 2023 | 06:31
USA.- With the end of the emergency due to the Covid-19 pandemic, the immigration policy known as Title 42, established during the Trump Administration, was lifted, leaving only the old restrictions in force, which are accompanied by new measures, whose objective is to reduce border crossings. towards the United States.
We explain what Title 42 consisted of and how it differs from Title 8:
The one that leaves: Title 42
- Public health standard established by then President Donald Trump in March 2020 under the justification of avoiding the spread of the Covid-19 pandemic.
- It allowed the “express expulsion” of undocumented migrants from Guatemala, El Salvador, Honduras and Mexico to Mexican territory, canceling the opportunity to seek asylum in the US, something harshly criticized by civil rights organizations.
- The “express expulsions” under Title 42 did not have any legal or criminal consequences for the migrants, which led to repeated attempts to cross irregularly from Mexican territory into the US.
The one that arrives: Title 8
- Norm in the US Immigration Law traditionally applied at the border prior to the Covid-19 pandemic that allows the “deportation” of undocumented migrants to their countries of origin.
- As has always happened prior to the pandemic, “deportations” under Title 8 can lead to criminal consequences and a ban on entry to the US for 5 years for migrants who repeat the crossing.
- Undocumented migrants from third countries can apply for asylum when detained in the US and must undergo a “credible fear” interview to see if they are eligible to start the asylum process; If immigration agents determine that they do not qualify for asylum, they will be deported to their countries.
- Undocumented Mexican migrants are not subject to “deportation” under Title 8 and, as was the case since before the pandemic, they will be returned to Mexican territory “under voluntary return.”
- For the first time in history, Mexico accepted the US demand to receive in its territory “deportations” of undocumented migrants from Venezuela, Nicaragua, Haiti and Cuba in its territory.
- The rule does not apply to unaccompanied minors.
Besides…
The Biden Administration presented this Wednesday a tough new rule that modifies the requirements to qualify to apply for asylum in the US. Under this rule, the possibility of applying for asylum in the US would be denied to people who have previously transited through other countries where they could have applied before. It is expected that this new rule will be immediately challenged in the courts by civil rights organizations.
