POLITICS
When does Title 42 end and how will its end affect immigration in the United States?
The United States government is about to end Title 42. What is it, when does it end, and how will its end affect migrants?
The draconian ‘Title 42′ immigration plan, created by President Donald Trump and continued under Joe Biden, is set to end in on 11 May. The law had enabled migrants to be turned away from the southern border wholesale without their applications being even seen, as international law demands.
Through this measure, migrants were prevented from entering the United States through the southern border as another restriction derived from the covid-19 pandemic.
The justification for Title 42 comes from the 1944 Public Health Safety Act. This gives the government the right to “prevent the introduction of individuals during certain public health emergencies,” explains International Rescue Committee immigration director, Olga Byrne.
“US law says that any person in the United States or at the border with the United States has a right to seek asylum,” said Byrne. “The legal issue at hand [with the use of Title 42] is that there’s nothing in the law that allows the government to expel [migrants] without any due process.”
With the law ending 1,500 soldiers have been sent to the southern border for the applications which will need handling.
How will its end affect those who want to migrate to the United States?
Without Title 42, asylum seekers would have the opportunity to present their claims for protection in immigration court and receive due process. They would also have access to legal representation and other services to help them navigate the asylum process.
Ending Title 42 would also mean that the US would be required to comply with its obligations under international and domestic law to provide protection to those fleeing persecution and other forms of harm.
Ending the restrictions would not speed up the immigration process, however. As of March 2023, some 800,000 migrants are awaiting completion of their applications according to information from the National Visa Center. Ending Title 42 will increase this, which will make the process longer.