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What is Title 8?

What is Title 8?

Title 8 of the United States Code, which categorizes all permanent federal laws, consists of a wide range of immigration laws, including provisions related to admission, removal, asylum, and naturalization. It establishes the legal criteria and procedures for individuals seeking entry into the United States, the grounds for inadmissibility, and the process for obtaining legal status. 

What is Title 42?

Title 42, implemented in March 2020 as a response to the COVID-19 pandemic, allowed for the rapid expulsion of thousands of migrants encountered at the border, including those seeking asylum. The rule aimed to minimize the risk of COVID-19 transmission in border detention facilities and communities. However, its use faced criticism from human rights advocates who argued that it circumvented legal protections for migrants and violated international obligations regarding asylum seekers. On May 11, 2023 Title 42 ended, meaning migrants and asylum-seekers reaching American soil will now be processed under Title 8, the set of complex and decades-old immigration laws.

What Does the Expiration of Title 42 Mean?

With the lifting of these emergency rules, the processing of individuals at the border now falls under Title 8 of the United States Code which poses various implications and challenges for migrants and those working within the immigration system. The two main concerns are:

This may increase the number of individuals detained at the border, as those previously expelled under Title 42 are now eligible for processing under Title 8. This could strain the resources and capacity of border facilities, immigration courts, and related agencies.

The shift to Title 8 brings migrants and asylum-seekers back into the realm of asylum laws and procedures. Under Title 8, individuals who express fear of returning to their home countries can present their asylum claims and undergo credible fear screenings to determine their eligibility for asylum protection. This requires the involvement of asylum officers and immigration judges to assess the validity of claims, potentially leading to increased caseloads and backlogs within the immigration court system.

For immigration attorneys and advocates, the transition to Title 8 means navigating the intricacies of these complex laws and procedures to provide legal representation and support to migrants and asylum-seekers. They play a crucial role in guiding individuals through the asylum process, ensuring their rights are protected, and presenting compelling arguments on their behalf.

As the expiration of Title 42 has paved the way for processing under Title 8, immigration authorities, legal practitioners, and humanitarian organizations need to work together to ensure that the transition is carried out fairly, efficiently, and humanely. This includes providing access to legal counsel, upholding due process rights, and addressing the underlying challenges of the immigration system to promote a more just and compassionate approach to immigration and asylum.

How Can I Learn More About My Immigration & Title 8?

At Virguez Law, we understand what it is like to be an immigrant because many of us, ourselves, are immigrants. If you need help with your immigration status, know that we understand the complications, uncertainty, and overwhelm that comes with the process. That’s why we make it our mission to help. Because we speak both Spanish and English, we can better communicate with our clients in their native language. 

If you need help filing or securing your U.S. citizenship or simply have questions about your work status in the United States, call our law offices at 678-300-0000 today.

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