Since 2020, U.S. immigration officials have used a rule known as Title 42 to expel certain immigrants who were accused of crossing the border illegally without following the standard deportation procedures. While Title 42 was initially put in place during Donald Trump’s presidency, it has continued to be used during the administration of President Joe Biden. However, a federal judge recently issued a ruling that struck down this policy, and this may allow some immigrants to avoid expulsion and make their case for why they should be able to remain in the United States.
What Is Title 42?
During the COVID-19 pandemic, the Trump administration took action to issue an order through the Centers for Disease Control and Prevention (CDC) that would allow immigration officials to expel migrants who had entered the U.S. This order was meant to protect public safety by limiting the potential spread of infections by immigrants coming to the United States. Under Title 42, officials have been allowed to quickly expel immigrants from the country, often without giving them the chance to plead their case or provide evidence showing that they were eligible for asylum due to the credible fear of persecution.
Title 42 has been used to expel more than 2.4 million people from the United States, although many of these expulsions have occurred after people have made multiple crossings over the border. Critics of this policy have noted that it is often applied arbitrarily. For example, exceptions have been made for refugees from Ukraine who are fleeing the war in that country, but migrants from Mexico and Central America have continued to be expelled. To make matters worse, human rights advocates have found that those who are expelled are often placed at risk of harm, and more than 10,000 cases of violent attacks, sexual assaults, kidnappings, and torture have been identified among people who have been expelled from the United States into Mexico.
On November 15, 2022, a federal judge in the District of Columbia issued an order vacating Title 42. In his decision, he stated that there was no evidence that the policy had protected public health, since COVID-19 was already widespread in the United States at the time that Title 42 was implemented, and it has had no measurable effect on reducing the spread of infections. In addition, he noted that in implementing the order, the CDC failed to consider other approaches that would serve to protect the safety of people entering the United States, and officials should have been aware that people who were expelled were likely to suffer persecution or other forms of harm. The Department of Homeland Security has asked for time to implement the change in policy, and the judge agreed to delay the implementation of his order until December 21, 2022.
Contact Our Itasca Deportation Defense Attorneys
With this change in the law, people who have been detained by immigration officials after entering the United States may have more options, and they may be able to take steps to remain in the U.S. by applying for asylum or other forms of humanitarian relief. When doing so, immigrants can improve their chances of success by working with an experienced DuPage County immigration lawyer. At Unzueta Law Group, P.C., we can help you understand your legal rights in these cases, and we will provide you with representation as you defend against deportation or address other related legal issues. Contact us today at 630-509-2363 to schedule a consultation.