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.