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Asylum

Controversy over Post-Title 42 Border Action

By December 21, 2022January 11th, 2023No Comments

The Title-42 border policy is a policy which was established by the former Trump administration in March of 2020 as a result of the Covid-19 pandemic. The reason for its institution was because former President Donald J. Trump wanted to prevent the entry of migrants at the Mexico and Canada borders in order to prevent the spread of the virus. As of more recent times, federal district judge Emmet Sullivan has ordered the Biden administration to suspend the use of Title-42 by December 21st of this year because there have been many advancements regarding the pandemic over the years. Some of these advancements include vaccines, medications, and thorough quarantine plans.

The use of Title-42 border policy is controversial in a number of ways. For example, it was originally implemented in order to prevent the spread of the pandemic. However, at this point, it has been utilized as a defense to deny tens of thousands of migrants the chance for humanitarian relief through asylum. Post-Title 42 border action will mean that the government will go back to the federal statutes included in Title 8 of the United States Code, which control immigration. Although under Title 42, border agents are able to expeditiously deport persons since they can skip the asylum procedure, as the fines that the migrants would incur under Title 8 are not assessed. If someone enters the nation illegally after being expelled or deported, they could face up to two years in prison as one of the consequences.

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