Breezy Explainer: What will happen when Title 8 replaces Title 42?

Breezy Explainer: What will happen when Title 8 will replace Title 42?

Title 8 will be replacing the Trump-era Title 42 when it expires at 11:59 pm EST on May 11. Read to know more about the new measure and what it means for migrants.

What is Title 8?

Title 8 is an immigration law with a longer process time and the possibility of leading to deportation. Moreover, it has been around for years and used alongside Title 42 for the last three years. Migrants from all nationalities can be subject to Title 8. As per Border Patrol statistics, about 60 percent of illegal immigrants who came to the US will be subject to this. “Once Title 42 is no longer in place, we will process families and single adults at the border without proper documentation using [the Department of Homeland Security’s] long-standing Title 8 authority,” stated Benjamine C. Huffman. Huffman is the deputy commissioner for the US Customs and Border Protection [CBP].

However, unlike the expiring law, those subject to this are usually banned from entering the US for five years before they can try again. Moreover, trying to enter the US during the banned period leads to criminal prosecution. “We’re going to do an expedited [removals] for single adults. We’re going to do as many as we can while they’re still in CBP custody,” stated Huffman.

Why is the US enforcing new immigration rules?

The new immigration rule will allow border agents to turn away people seeking asylum at the border without an appointment. According to the Department of Homeland Security, the administration will now be able to reject several migrants from the border. It is currently making the required arrangements to screen migrants. They will start the application process in the borders near Colombia and Guatemala.

“If you’ve left your home, you passed through a couple of other countries and did not try to make an asylum claim there. It’s called a reputable presumption. You’re presumed to not qualify [for asylum] unless you have extraordinary circumstances,” explained Huffman. Additionally, asylum seekers can now apply for asylum and apply in addition to seeking border protection services through the CBP One mobile app. However, some migrants revealed the app rarely works and they have been unsuccessful in their attempts to enter the US legally.

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