Title 8 explained: Border policy Biden hopes will replace Title 42 after it ends

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Title 8 explained: Border policy Biden hopes will replace Title 42 after it ends
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The public health measure Title 42 that authorized the quick expulsion of immigrants at the border is set to end at midnight. The US will then return to the decades-old immigration policy under a section of code known as Title 8. Here's what to know.

When the pandemic-era measure ends, the United States will return to the decades-old immigration policy under a section of code known as Title 8, a set of laws that governs how immigrants can enter and stay in the U.S., outlining the deportation process and provisions for appeals, how to obtain a visa, and gaining permanent residency or citizenship.Any noncitizens who cross the border illegally and do not have a legal reason to remain in the U.S. will be processed for removal.

Under Title 8, officials can deport any immigrant with a criminal record and those who violate “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance.” These were the policies that were in place prior to Title 42, which took effect in March 2020 under the Trump administration as a way to curb the spread of COVID-19. The Biden administration kept the measure, resulting in about 2.8 million immigrants being expelled, according to data tracked by the Washington Office On Latin America.

As Title 42 ends, the Biden administration has faced pressure to create a plan to aid the overwhelming number of immigrants flooding border cities.

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