Title 42 Remains in Effect
President Biden has announced an update on a new migration management strategy
that pairs increased expulsions with expanded opportunities for migrants to enter the
country legally to reduce the high levels of unlawful crossings along the U.S.-Mexico
border. The new approach will allow migrants from Nicaragua, Cuba, and Haiti with
U.S.-based financial sponsors to enter the country legally through a program that
provides a safe location for Ukrainians and Venezuelans under the Biden
administration. In addition, immigrants would have to pass a background check before
being allowed to enter the U.S. under the humanitarian parole authority, which will
enable beneficiaries to live and work in the U.S. legally temporarily.
Title 42, a public health law first invoked by the Trump administration in early 2020, was
created to minimize the risk of COVID-19 entering the county. As a result, many
migrants have had to wait in Mexico for their court hearings. However, the Biden
administration announced additional border-related measures, including a proposed
regulation that would disqualify migrants from asylum if they crossed the U.S. border
illegally after failing to ask for protection in a third country, like Mexico.
The expansion of Title 42 to include migrants from Cuba and Nicaragua will be a
profound shift in U.S. policy, as the vast majority of the tens of thousands of Cubans
and Nicaraguans processed along the southern border over the past year have been
released and allowed to seek asylum because their home countries severely limit U.S.
deportations. In addition, U.S. law allows immigration officials to use the parole authority
to admit immigrants who don't have legal permission, such as a visa, to enter the U.S. if
their entry is justified on humanitarian or public interest grounds.
On Dec. 27, the Supreme Court said it would suspend the lower court order that found
Title 42 to be illegal until it decided whether the Republican-led states should be allowed
to intervene in the case, likely postponing the policy's termination for months. In addition
to criticism from Republicans, President Biden's border policies have faced significant
pushback from progressives and advocates for asylum-seekers, who say he has not
fully complied with asylum law, which allows migrants on U.S. soil to request protection
as a way to stop their deportation.
If you or anyone you know has questions regarding Title 42, please contact Pikes Peak
Immigration to schedule a consultation.