Lifting of Title 42: Seeking asylum changes
Tomorrow at midnight, the Biden Administration will lift the policy known as Title 42. The U.S. Center for Disease Control and Prevention (CDC) extended this policy to protect public health during the COVID-19 pandemic. The name comes from a section of U.S. law that gives the CDC authority to restrict immigration to protect public health.
Both the Trump and Biden administrations have used Title 42 as a border management mechanism to turn away migrants and deny basic asylum seeking at the border.
In advance of the lifting of Title 42, the Biden Administration has sent 1,500 military troops to the US-Mexico border.
In addition to the added military presence at the border, the executive branch of the U.S. government has enacted new policies that may make life harder for asylum seekers.
What the administration is calling the “Circumvention of Lawful Pathways” regulation and immigration lawyers are calling a “transit ban rule” will dictate that you are only eligible for asylum at border if:
- You have accessed the CBP One Mobile Application (probably using a smartphone) and scheduled a border appointment. After May 11th, there are expected to be 1,000 appointments available daily.
- You were denied asylum in another country you traveled through before reaching the U.S.
- You were granted parole before arriving at the border.
- You are an unaccompanied minor.
Certain new policies may improve the situation for migrants, such as:
- Opening of new processing centers
- For example the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center
- Parole programs
- For example: the potential reinstatement of a 2014 Central American Minors Refugee & Parole Program (CAM), which would allow a U.S. resident to apply for a family member to be considered for refugee status to join them in the U.S.
- New goals to strengthen the U.S. Immigration System
The impact of lifting the Title 42 public health order remains to be seen. As the situation evolves, Beach-Oswald Immigration Law Associates remain steadfast in advocating for our clients. Give us a call at (202) 331-3074 to set up a consultation with an expert asylum lawyer.