No one is sure what will happen after Thursday. The federal government expects to receive up to 13,000 migrants a day immediately after the measure expires, compared to about 6,000 migrants on a normal day.
“Title 42” means Section 42 of the United States Government Code, as enacted on July 1, 1944. It is a law that gives the power to prohibit the entry of people and goods into the country. An infectious disease.
Thus, it was this famous clause that the Trump administration implemented in March 2020, at the beginning of the pandemic, to limit the entry and receipt of immigration applications.
The aim was to prevent border control agencies from detaining migrants
Collection locations Such as containment centers where the Covid-19 virus can spread rapidly.
However, Section 42 gave the government the power to quickly deport any immigrant without giving them the opportunity to present a case for legal stay, including seeking asylum in the United States.
The Joe Biden administration continued to use deportations under it
Title 42 As a border control system.
A controversial section
On December 19, the United States Supreme Court blocked a plan to deregulate the Biden administration.
Title 42 On December 21, the lower court ordered
Days later, the nation’s Supreme Court agreed to hear arguments in February on the issue of whether 19 states run by Republican lawmakers, including Texas, can challenge a lower court ruling that ordered the Biden administration to lift restrictions.
However, the Supreme Court reviewed the case last February after the White House said it would end the nation’s emergency COVID-19 order. 2023.
What were the effects?
Since the start of the Section 42 policy, Border Patrol has reportedly deported 2.8 million immigrants, according to U.S. Customs and Border Protection.
The number of repeat offenders is particularly high because migrants to Mexico are returned immediately after arriving in the United States, bypassing the asylum process, and there is no harm to those trying to cross the border, thus contributing to the 2.8 million referrals.
What happens after May 11?
Border Patrol agents will have to resume using Section 8 (Title 8), which has been in place in the United States for 83 years, to process immigrant files.
This clause allows the Border Patrol to process and deport immigrants who do not have a legal basis to stay in the United States and who cannot be deported under Title 42.
Before the pandemic, Section 8 was the main resource available to immigration officials when deciding whether to detain a person at the border or release them with permission to seek asylum or release them on humanitarian grounds.
However, Regulation 8 imposes severe penalties on immigrants who are returned for illegal entry, including a re-entry ban of at least five years and possible criminal prosecution for repeatedly attempting to illegally enter the United States.
Withdrawal of the application of Section 8 should reduce the number of repeat border crossings, which increased significantly during the application of Section 42.
However, this clause provides exceptions for those who belong to vulnerable populations, for example those who report a credible fear of persecution. They may appear before a judge, who will then decide whether or not they can stay in the United States.
How to control the flow of migrants?
The Biden administration has decided to send 1,500 troops to the US-Mexico border for 90 days. A total of 4,000 soldiers will be deployed to assist border officials in various law enforcement tasks.
The move was not unanimous among Democrats, with some lamenting President Biden’s decision to militarize the border with Mexico.
Meanwhile, the United States has opened new processing centers in Colombia and Guatemala that will allow migrants to be screened through legal channels, such as asylum seeker or refugee status.
Alejandro Mayorgas, the head of Homeland Security, said in a statement that his department would process the immigrants.
standard practiceThat means subjecting them to deportation.
It is still unclear how asylum seekers and other migrants will be treated once deportations end in 42 years.
Subtle political file
Meanwhile, Republicans, who hold the majority in the House of Representatives, plan to hold a vote on the new law.
Protect the Border Act of 2023 Next week. The bill would restore many of former President Trump’s controversial border policies.
Senator Kirsten Sinema, a Democrat from Arizona, and her Republican colleague Thom Tillis, a Republican from North Carolina, are currently working on a bill that would provide a two-year temporary authorization to continue deporting immigrants from the United States. By section 42.
Separately, early Thursday, Republicans are set to pass a bill called HR 2, which would codify some of the border agenda implemented by former President Donald Trump, including a policy requiring immigrants to stay in Mexico while pursuing asylum.
He also plans to allocate more resources to border security, resume construction of a wall between the two states, increase border personnel and modernize border technology.
The truth is that for the past 40 years, neither the Republicans nor the Democrats have offered major reform of immigration policies in the United States.
Mexico in all this?
Mexico, for its part, has agreed to welcome immigrants from Venezuela, Nicaragua, Cuba and Haiti. Earlier this year, their qualifications were highly praised under the old section under the new parole procedures implemented by the Biden administration in the United States.
These policies have led to a significant drop in the number of illegal border crossings by nationals of these four countries.
However, even with ongoing negotiations with the US, it is uncertain whether Mexico will agree to continue hosting non-Mexicans rejected by the US without the Term 42 mechanism.
“Food trailblazer. Passionate troublemaker. Coffee fanatic. General analyst. Certified creator. Lifelong music expert. Alcohol specialist.”