The last few months, there has been a bunch of back and forth on one of the most controversial immigration policies passed in recent memory. Title 42 has been debated by immigration advocates and border security defenders, Democrats and Republicans, and attorneys and judges. The government terminated Title 42 only for a federal court to overrule that action. Let’s discuss further. What is Title 42? Title 42 was raised during the height of COVID-19 that limited the mass gathering of migrants in containment centers. Title 42, “...allows the US Border Patrol and US Customs and Border Protection to prohibit the entry of persons who potentially pose a health risk by being subject to previously-announced travel restrictions or because by unlawfully entering the country to bypass health-screening measures. Its use was implemented under the Trump administration and has continued under the Biden administration to prohibit asylum seekers from lawfully petitioning for asylum in the United States. Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit. If they are unable to be returned to the country of last transit, the Border Patrol will work with its interagency partners to expel the person to their country of origin.” CDC and DHS Terminate Title 42 On April 1st, 2022, in consultation with the U.S. Department of Homeland Security (DHS), the Centers of Disease Control and Prevention (CDC) announced that they would be terminating Title 42, under 42 U.S.C. 265, 268 & 42 C.F.R. 71.40. Title 42 is a policy that limited the ability for asylum seekers in the United States to enter the United States, under COVID-19 protocols. Title 42 garnered serious criticism from asylum advocates, and praise from individuals seeking tougher border security and control. U.S. District Court Blocks Termination of Title 42 On May 23, 2022, the U.S. District Court for the Western District of Louisiana issued an injunction preventing the government from terminating Title 42. As of now, Title 42 is still active and alive. The Biden Administration stated that it would be willing to consider alternative methods for termination. The administration even stated that it would contemplate litigation all the way up to the U.S. Supreme Court. What is next for Title 42? With the seemingly never ending confusion on Title 42, waves of debates have begun. Republicans advocate for Title 42, stating that without it, even further instability at the U.S. border would ensue. On the other hand, the Biden Administration justified its move to terminate Title 42 as a progressive one. The administration announced shortly after termination that it would allow entry for up to 100,000 Ukrainian refugees. Title 42 is expected to remain a hotly contested issue. If you have any questions regarding Title 42, or the impact on your entry into the United States, reach out to Ibrahim Law Office of Chicago to schedule an appointment.
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