What is Title 42? What is Title 8? Here's what to know about US border policies
Enforcement along the U.S.-Mexico border enters a new chapter now that a public health rule known as Title 42 has expired.
In its place, the U.S. government is implementing a series of enforcement policies meant to reduce the number of people reaching the U.S.-Mexico border while also creating opportunities for asylum seekers to gain protection within the country.
But the transition to the new policies is expected to create serious challenges as border communities and federal agencies adapt to the changes that will go into effect starting May 12.
Here are some of the policies that will be taking shape:
What is Title 42?
Title 42 will be ending May 11 after three years in which U.S. border officials expelled 2.7 million migrants from the U.S. back to Mexico under a public health rule issued at the outbreak of the COVID-19 pandemic in March 2020.
The public health rule had been set to end last year, but was challenged in court. It will finally expire this month after President Joe Biden ended the emergency health declaration for COVID-19 that granted the U.S. government the authority to expel migrants under Title 42.
The stated goal of Title 42 was to avoid the spread of COVID-19 at border holding facilities by denying migrants entry into the U.S., even if they had valid claims for asylum. But long after lockdowns, mask coverings, and other pandemic requirements ended, Title 42 remained in place and became a de facto border enforcement tool that allowed U.S. officials to manage migrant flows at the border.
By the time Title 42 expired, the policy was used to expel migrants from Latin American countries; primarily Mexico, Guatemala, El Salvador and Honduras.
What is Title 8?
Title 8 is the section of the U.S. Code that outlines the rules and regulations for immigration and the removal of people who do not have a legal basis to stay in the United States. These include the policies that had been in place prior to the implementation of Title 42 in March 2020, and which will continue in place once Title 42 expires on May 11.
Under Title 8, migrants reaching the U.S.-Mexico border can be apprehended and questioned about their grounds for admission into the country. If they express fear of return to their home country, they are referred for a credible fear interview with an asylum officer.
If they pass their credible fear interview migrants can then be placed in the queue to file their asylum claims in the country and released into the interior of the United States. Under a May 2022 final rule, the asylum officer also has the authority to fast track their asylum application.
If they do not express fear of return or if they do not pass their credible fear interview, migrants can than be deported from the United States back to their home countries, and given a five year ban on reentry. Migrants placed in removal proceedings can be put in one of two tracks.
Related: Sen. Mark Kelly sees end of Title 42 as 'real challenge' for Arizona
The standard removal proceedings go before an immigration judge under the Department of Justice's Executive Office for Immigration Review and can take up to 4.5 years for a decision. During that process, migrants have the opportunity to file an asylum claim as the removal proceedings advance.
Or migrants can be placed in expedited removal proceedings and be deported much more quickly.
What is expedited removal?
Expedited removal is the process by which the U.S. government can deport a person that they determine has no legal authority to remain in the United States. The Department of Homeland Security plans on expanding the use of expedited removal once Title 42 expires.
Any person who has been in the United States for less than 14 days and is apprehended within the 100-mile border enforcement zone can be placed in expedited removal proceedings. As opposed to the standard removal proceedings before an immigration judge, expedited removals can happen in a matter of days or weeks.
The Department of Homeland Security said they are increasing the number of removal flights from the U.S. and streamlining repatriation agreements with national governments to make the process of deporting migrants more swift.
Legal and migrant advocates are concerned that the speed with which migrants are deported will not allow the U.S. government to adequately screen migrants with valid claims, and limits their ability to get legal representation to help with their claims.
Related: No one in Arizona's congressional delegation is optimistic about what comes after Title 42
What are the new legal pathways?
As part of its strategy to better manage migration flows, the U.S. government unveiled in the lead-up to the end of Title 42 a series of programs and policies to create orderly systems to gain admission into the United States.
The first one unveiled is a humanitarian parole program targeting migrants from Venezuela, Cuba, Haiti and Nicaragua. It makes 30,000 slots available each month for migrants from these four countries to apply for humanitarian parole. That status allows them to be admitted to the country and get a work permit. An equal number of individuals from those countries who do not apply for the program but still attempt to cross the border without authorization will be deported to Mexico each month.
The U.S. government also announced the creation of two regional processing centers, one in Colombia and one in Guatemala, that will allow them to screen migrants with valid asylum or humanitarian claims. The main purpose of these centers is to reduce the need for migrants to make the perilous journey to the U.S.-Mexico border. The Department of Homeland Security said it secured agreements from Canada and Spain to also offer admission to individuals who apply for asylum at these regional processing centers.
Starting May 12, any person who arrives at the U.S.-Mexico border to claim asylum will be required to the make an appointment at one of eight port of entries using the CBP One App. The initial rollout was shaky, with limited slots and technical issues that made it difficult for migrants to secure appointments. Homeland Security officials said they will increase the number of appointments and the confirmation window.
What is the final rule of asylum?
On May 10, the departments of Homeland Security and Justice published a final rule on asylum eligibility that will significantly change who can apply for asylum in the United States.
Even though U.S. law says any person can apply no matter how they arrived in the country, the final rule makes migrants ineligible to claim asylum in the United States if they do not do two things.
The first is to apply for asylum in a country that the person crossed on their way to the United States, such as Mexico. This is similar to an asylum ban issued the former President Donald Trump that was struck down in court.
According to the rule, migrants will also be ineligible for asylum if they did not apply for some of the established legal pathways like the humanitarian parole program, or if they did not make an appointment at a port of entry using the CBP One App.
Legal advocacy groups said they will monitor the implementation of this final rule and may challenge it in court, as they did with the similar ban under Trump.
This article originally appeared on Arizona Republic: What does Title 42 ending mean? US border policies explained
