IMMIGRATION SITUATION

How the soon-to-be repealed immigration law Title 42 has impacted the Southwest border

The Centers for Disease Control and Prevention announced that on May 23, its Title 42 public health Order will be terminated. As a result, beginning on May 23, the Department of Homeland Security will no longer process families and single adults for expulsion pursuant to Title 42. Instead, DHS will process them for removal under Title 8. Title 42 has been in place since March 21, 2020, and was put in place due to COVID-19 cases in Mexico and Canada being seen as a health risk to the U.S. The law intended to help prevent the introduction of COVID-19 into border facilities and into the U.S. People subject to the order are not be held in congregate areas for processing and instead will immediately be expelled to their country of last transit. Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration enforcement actions, such as apprehension or inadmissibility, that are regularly reported.

Under Title 8, those who attempt to enter the United States without authorization, and who are unable to establish a legal basis to remain in the U.S. (such as a valid asylum claim), are subject to additional long-term consequences beyond removal from the United States, including bars to future immigration benefits.

Ukraine refugees

To protect Ukrainians residing in the U.S., the Secretary of Homeland Security designated Ukraine for Temporary Protected Status for 18 months. This will allow Ukrainians here since March 1, to stay and apply for employment authorization in the U.S. The U.S. also announced plans to welcome up to 100,000 Ukrainians and others fleeing Russia’s aggression through the full range of legal pathways. In particular, the U.S. is focused on welcoming eligible Ukrainians who have family members in the United States and is committed to protecting the most vulnerable.

Title 42 and border crossings

Title 42 has significantly increased the number of arrests at the border. Under Title 42, individuals who are expelled to Mexico within hours after apprehension can try again a second or third time in hopes of getting through. Some individuals have made dozens of failed attempts to cross the border and been turned back under Title 42 each time. This increase in apprehensions has been seen most among single adults who are not seeking asylum. Below are the recidivism percentages (percentage of individuals apprehended more than one time by the Border Patrol) for the last few fiscal years:

DEPARTMENT OF HOMELAND SECURITY Pedestrians line up for Customs and Border Patrol processing at the Calexico port of entry in January.