Title 42, the policy used to keep asylum seekers out of the U.S. during the pandemic, expires tonight, ushering in a new era for U.S. border control.
In Tijuana, migrants wait in an area between two layers of border wall that has become an open-air holding cell for the U.S. Border Patrol.Legal experts have characterized Title 42 as one of the most controversial and restrictive immigration policies in U.S. history. Lawmakers including then-California Sen. Kamala Harris called it an unconstitutional “executive power grab.” Immigrant advocates broadly expected Biden to do away with enforcement of the measure when he took office.
But even as some restrictions on non-essential travel at land ports of entry were lifted, the Biden administration continued to justify Title 42 as necessary to protect migrants, the Department of Homeland Security workforce and local communities. For decades before the implementation of Title 42, migrants who made it to the U.S. and sought asylum or other humanitarian protections were detained or released pending a final immigration court decision. But that could take years amid an ever-growing backlog of cases.
Migrants can also be screened under the United Nations Convention Against Torture. Those screenings, in which individuals must prove that they are likely to be tortured if they are expelled, are more difficult to pass than traditional asylum interviews.
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