Title 42 is coming to an end: What Happens on May 11?

Title 42 ends on May 11th.

Title 42, which is of great concern to migrants, expires on May 11th! What will happen?

So, what is Title 42? Title 42 is a COVID-era policy that emerged during the Trump era, allowing authorities to reject migrants at the border, regardless of their origin, on public health grounds.

Since March 2020, authorities have been able to turn back migrants and asylum seekers at the border based on "COVID-19 prevention". According to data from the US Customs and Border Protection, more than 2 million migrants have been turned back at the border in the last 3 years using the authority granted by Title 42.

The Biden administration had said in December that they were ready for the end of Title 42 and that measures were being taken to prevent unrest at the border or a possible influx of migrants. In February, the new rule was announced to take effect in May.

When Title 42 expires on May 11, it is not yet clear how many migrants will attempt to cross the border. But border officials estimate that around 10,000 migrants a day could cross the border: almost double the daily average of just a few months ago.

Title 42 expires on May 11th. Therefore, as of May 11th, with the expiration of Title 42, the new rule of the Biden administration will be implemented. This rule under Title 8,

  • Migrants who cannot establish a legal basis for asylum in the US,
  • - such as the threat of persecution in his own country
  • It also includes an expedited deportation process, in which the deportation will be accelerated.

Under this rule, a migrant cannot apply for asylum in the US if he or she did not apply for asylum in another country before illegally crossing the border.

While there are no sanctions for repeated illegal border crossings under Title 42, under the new rule, migrants deported under Title 8 could face very serious consequences.

"A person turned back at the border is subject to a minimum five-year ban on entry into the United States and could face criminal prosecution for any subsequent attempt to cross the border illegally," US Homeland Security Secretary Alejandro Mayorkas said in a statement.


Center for Immigration Studies & CBS



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