Title 42: Keys to Change in U.S. Immigration Policy Expired and Generate Border Tensions

As of Friday, the law no longer applies in the United States. The immigration policy known as Title 42, which gave that country’s government the possibility to quickly deny entry to immigrants due to the COVID-19 pandemic. around Ending restrictions on asylum.

The US government has implemented Title 42, which is protected by The Public Health Act of 1944 allowing immigration restrictions in order to protect health. With the sanitary situation under control, this procedure was terminated on Friday and resulted Very tense On the border between this country and Mexico.

In this context, the United States has implemented new restrictions on its borders with Mexico Trying to prevent immigrants from crossing illegally Instead, encourage them to apply for asylum online through a new process.

In the midst of a complex situation, the White House has confirmed that it will continue to expel immigrants. Our borders are not open.Homeland Security Secretary Alejandro Mayorcas confirmed.

Here are the main keys to changes in immigration policy, according to the agency News agency (AP):

What is Title 42 and why was it used?

Title 42 is the name of the Emergency Health Authority. It is property of President Donald Trump’s government It entered into force in March 2020. Said authority allowed US authorities to turn away migrants who reached the border with Mexico on the grounds that they did so to prevent the spread of COVID-19.

Migrants attempt to cross a border point near Matamoros, Mexico. Joe Riedel/Getty Images/AFP (Photo by Joe Riedel/Getty Images North America/Getty Images via AFP)Joe Riddle – Getty Images North America

Before that, immigrants could cross illegally, apply for asylum and be allowed to enter the United States. They were then screened and often released to await the determination of their cases in immigration courts.

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Under Title 42, immigrants were turned away at the border and denied the right to apply for asylum.. US authorities have returned immigrants more than 2.8 million times. Families and unaccompanied minors were exempted.

But there were no real consequences when someone crossed the border illegally. Thus, immigrants can try again and again, with a remote possibility that they will be able to enter the United States.

President Joe Biden initially kept Title 42 in place after taking office, then tried to end it in 2022. Republicans have sued, arguing that the restrictions are necessary for border security. The courts have upheld this rule. But the Biden government announced in January that it had ended the national COVID-19 emergency, and so that border restriction would be rescinded.

Biden said the new changes are necessaryin part because Congress has not passed any immigration reforms in decades.

What then?

Section 42 restrictions are suspended as of midnight Friday.

Biden has implemented a series of new policies that combat illegal transit. The government says it is trying to prevent people from paying to smuggle A dangerous and often deadly journey.

Immigrants wait in El Paso, Texas. (Photo by Patrick T Fallon/AFP)Patrick T Fallon – AFP

Now there will be severe consequences. Immigrants caught in transit illegally will not be allowed to return to the United States for five years. If they do, they will face criminal prosecution.

New asylum rules

Under US law and international law, anyone who arrives in the United States can apply for asylum.

People from all over the world arrive at the country’s border with Mexico to request it. They are examined to determine whether they really have a real fear of persecution in their home country. Their case then goes through the immigration court system to consider whether they can remain in the United States, but that process can take years. They are usually released on US soil to await the resolution of their cases.

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Now the Biden administration is denying anyone seeking asylum and that you did not apply for protection in a country through which you first transited, or that you did not apply online. This is a version of Trump administration policy that has been struck down by the courts, so it’s unclear if it will stick. A lawsuit is expected to be filed to remove it.

Who is allowed to enter?

The US said it would accept up to 30,000 people a month from Venezuela, Haiti, Nicaragua and Cuba, as long as they arrive by air, have a sponsor and apply online first. The government will also allow up to 100,000 people from Guatemala, El Salvador and Honduras to enter the United States if they also apply online. Otherwise, it isBorder officials will deport people, including 30,000 per month from Venezuela, Haiti, Nicaragua and Cuba, to Mexican territory.

A large number of immigrants are expected to arrive in the United States in the coming weeks, due to the end of Title 42Palestinian Authority

In addition, other immigrants may be allowed entry if they apply through the CBP One application. So far, 740 people per day have been allowed in through this appAnd the government is increasing that number to 1,000 per day.

What about families?

Families crossing the border illegally will be subject to a curfew, and the head of the household will be required to wear anklets for tracking. Immigration authorities will determine within 30 days whether the family can remain in the United States or be deported. This process usually takes years.

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The government had considered holding the families until they had passed initial asylum reviews, but opted instead curfew, which will run from 11 p.m. to 5 a.m. and will start soon in Baltimore; chicago; Newark, NJ; and Washington, D.C., according to a federal official who spoke on condition of anonymity because the information is not meant to be released. Families who do not show up for their review interviews will be detained by immigration authorities and deportees.

overcrowding

Designed to house migrants temporarily, the Border Patrol stations lack the capacity to stop the number of people arriving. Some of these facilities are already overcrowded. As a result, agents began releasing immigrants to the United States with instructions to report to the Bureau of Immigration within 60 days, or else they would be deported.

Border agents expect a significant increase in the number of irregular crossings, after the end of Title 42Facebook/US Border Patrol

Agents were required to proceed with their release in any area where detention facilities were at 125% capacity, or the average detention period exceeded 60 hours. They will also release them if 7,000 migrants are arrested along the entire border on any given day.

It has already happened. About ten thousand people were detained on Tuesday. This could create problems for Biden administration officials who are trying to be firm with those who pray.

Florida has filed a lawsuit alleging that their release violated an earlier court ruling.

immigrant processing centres

Federal authorities are planning to open 100 regional centers Immigration processing centers in various parts of the Western Hemisphere, to which people can apply to move to another country, including Canada and Spain.

There will be centers of this type in Colombia and Guatemala, but it is not known where the others will be located. It is also not clear when it will be launched.

PA Agency

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Sacha Woodward

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