With the end of Title 42 border restrictions, the Biden administration will revert to processing migrants as was done before the pandemic. Here's what to know about immigration law as defined under Title 8.
Peruvian immigrant family members, who are seeking asylum in the United States, embrace as they wait to board a bus during processing by U.S. Border Patrol agents in the early morning hours after crossing into Arizona from Mexico on May 11, 2023 in Yuma, Ariz.
With the end of the last major Trump-era border restrictions Thursday, the Biden administration will revert to processing all migrants as was done before the pandemic.law as defined under Title 8 of the U.S. Code. The law outlines processes for deportation and carries strict penalties, including five- and 10-year bans on reentry for those deported., a section of public health law that allowed for fast-track expulsions during the pandemic and carries no such consequences. "Starting at midnight, people who arrive at our southern border will be subject to our immigration enforcement authorities under Title Eight of the United States Code," Homeland Security Secretary Alejandro Mayorkas said at a White House briefing Thursday afternoon. "Here is what that means. If anyone arrives at our southern border after midnight tonight, they will be presumed ineligible for asylum and subject to steeper consequences for unlawful entry, including a minimum five-year ban on reentry and potential criminal prosecution," he warned.For starters, Title 42 is not traditional immigration law. But it has major implications for immigrants at the border and has been used more than 2.8 million times to expel migrants -- a sizable number of enforcement actions in just over three years. The use of Title 42 has been controversial ever since the Trump administration invoked it as a COVID-19 precaution in March 2020. Given the fast-track nature of the expulsions -- which often took place in a matter of hours or less -- immigrant advocates say its use has been an illegal violation of the rights of migrants to seek asylum on U.S. soil. "The sunset of Title 42 is long overdue and ends a shameful period in our country's history," said Jill Marie Bussey, director for public policy at Lutheran Immigration and Refugee Service. "We unequivocally affirm the legal right of individuals to seek protection at our borders and stand in solidarity with those who are most vulnerable, including children and families." Bussey urged the Biden administration not to replicate Title 42 with its plans to ramp up deportations under Title 8. Migrants cross the Rio Bravo river to turn themselves in to U.S. Border Patrol agents before Title 42 ends, in Matamoros, Mexico May 10, 2023.Title 8, which includes decades-old immigration legislation, outlines processes for handling migrants at the border. And while this section of the U.S. Code dictates expedited deportation protocols, it typically allows more time for migrants to lodge asylum claims than what they were afforded under Title 42. The Biden administration has been working to speed up Title 8 processes by surging hundreds of asylum officers to the border in an effort to more quickly adjudicate humanitarian claims while applying the consequences Title 42 does not carry. Immigrants seeking asylum in the United States walk along the border fence on their way to be processed by U.S. Border Patrol agents in the early morning hours after crossing into Arizona from Mexico on May 11, 2023 in Yuma, Ariz.While authorities have anticipated an unmanageable surge of migration when the Title 42 order ends, some evidence shows its use causes more repeat border crossings. Under Title 42, migrants are not subjected to the five- and 10-year bars on reentry. A migrant father holds his son in his arms as he waits to be processed by Border Patrol agents after crossing illegally the border between the United States and Mexico, in Yuma, Ariz., May 10, 2023.
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