Title 42 Immigration Policy Expires

Title 42 – a policy implemented during the pandemic in March of 2020 with the intent of preventing the spread of COVID-19 – expires on May 11, 2023 along with the public health crisis designation. Under Title 42 the U.S. government could expel migrants, including asylum-seekers, at the southern border without giving them an opportunity to apply for protection.

Title 42 is the section of the Public Health Service Act of 1944 which allows the government to halt the entry of people and imports as a means to prevent the introduction of communicable diseases from outside the borders of the continental U.S.

Critics argued it violated international laws and put vulnerable migrants at risk, especially those fleeing persecution or violence in their home countries.

In November of 2021, a federal court ordered the end of Title 42, meaning the government will no longer be able to use the policy to expel migrants at the border without providing them an opportunity apply for asylum.

This marks a significant shift in immigration policies in the country. The government will return to Title 8, the normal immigration law, which includes providing migrants with legal pathways to enter the United States.

It is important for citizens to stay informed about the ongoing updates surrounding immigration policy and to understand the implications of this change. As always, those facing legal issues related to immigration should consult with a trusted legal professional who can provide guidance and support. At Woods Fuller, we have expertise in immigration law, and Amanda Bahena would be honored to provide the guidance and support you seek.

The information in this blog is accurate as of the date of publication.
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