Title 42 Remains in Effect After Border Reopening
The US reopens its borders
The White House announced in mid-October that, as of November 8, the US borders would be reopened for non-essential travel, that is, tourism, family reunions, student exchange, inter alia.
It is worth clarifying that the US borders are open again only for travelers fully vaccinated against COVID-19, who must also comply with a series of admissibility requirements to enter this North American country.
Naturally and as expected, there is now a large influx of foreigners in the US, who had been waiting for more than 18 months for the opportunity to come to the country for the first time or to visit their loved ones.
For more details about the new entry parameters: CBP Outlines Guidelines for Reopening Land Borders
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The US maintains Title 42 despite reopening borders
Even though the US recently reopened its borders to non-essential travel, the local government is still keeping Title 42 active, which is delaying and hindering the processing of asylum cases in the border territory.
To understand the issue at hand, it is important to explain that Title 42 is a lengthy statute of the US Code that allows certain federal agencies to implement unconventional measures in light of a sanitary emergency that puts public health at risk.
In early 2020, in the midst of the first massive outbreak of Coronavirus, former President Trump’s administration, with the support of CDC (Centers for Disease Control and Prevention), issued an order under Title 42.
This action allowed the vast majority of undocumented immigrants detained at the borders to be expelled in a matter of hours, without giving them an opportunity to present their cases.
Since then, both the Trump administration and the Biden administration have kept Title 42 active and so-called “expedited deportations” or “express removals” are commonplace today.
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The implications for asylum seekers
Under Title 42, the US paused the processing of asylum seekers in the border territory, leaving people in dire need of international protection in limbo.
Clearly, at this point, the Biden administration has received countless criticisms for reopening the borders to tourism and other non-essential travel, but keeping Title 42 in effect, which substantially narrows viable alternatives for asylum seekers.
Now, immigrant rights advocates and activists are hoping that the Biden administration will act promptly to lift Title 42 and process asylum cases at a pre-pandemic pace.
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It is imperative to seek professional guidance!
If you, a family member, or a friend need help with an immigration case, then feel free to contact Motion Law Immigration today and schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.
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