What will happen after the end of Title 42 and the implementation of Title 8?
Everything you need to know about the law that will replace Title 42 at the southern border of the U.S.
Title 42, which temporarily amended some immigration laws due to the pandemic, expires today at 11:59 p.m. However, the border is already reinforced with agents, fences and military to stop migrants, and the government of Joe Biden has launched several measures to expel as quickly as possible those who do not qualify for asylum.
Here’s everything you need to know about Title 8, the border law that will replace Title 42.
What is Title 8?
It is an old rule that would be implemented to curb the arrivals of immigrants at the southern border.
Those seeking asylum have yet to prove that they are credibly afraid to return to their home countries. If immigration authorities determine that the case is not strong, they can use Title 8 to deport them.
In addition, Title 8 affects previously deported migrants who have not served the punishment time and who have committed crimes for which they may be considered a threat to public or national safety.
The new version of Title 8 raises the punishments previously included in the law. Anyone who tries to cross and is returned to their country cannot try to enter the U.S. again. See you in 5 years.
A stricter measure.
One of the main differences with the implementation of Title 8 is that immigrants will be interviewed by border agents, who will determine if there is a credible reason of fear to stay in the country.
If agents believe there is no valid reason, there will be immediate deportation. Conversely, if agents believe there is a credible reason for fear, immigrants must be sent to a formal hearing process before an immigration judge, which implies that they will be admitted to the country while all the protocol is carried out and will be allowed to enjoy certain temporary benefits.
In addition, immigration officers will be able to resort to the “Remain in Mexico” policy that allows them to send asylum seekers to Mexico while the asylum case is decided. This means that immigrants will have to wait in Mexico until their asylum case is resolved in the United States.
The new law also establishes greater penalties for those immigrants who repeat their desire to enter the country. It is also necessary to take into account that immigrants must request an appointment through the CBP One mobile application before making their asylum application, or have requested asylum in another country and that this was denied, to be considered.
The government has said that the implementation of Title 8 will have “significant consequences” for asylum seekers, as it will tighten the process of obtaining it.
In conclusion, the implementation of Title 8 at the southern border implies significant changes in the process of admitting migrants to the United States. While it seeks to regularize entry into the country and curb the flow of migrants, it also tightens the process of obtaining asylum and establishes greater penalties for those who try to cross the border illegally.
If you’re a migrant thinking about crossing the U.S. southern border, keep in mind that Title 8 will be much stricter on people trying to enter the country illegally. Don’t risk your life or that of your loved ones. Seek legal advice and avoid future problems.