The End of Title 42

A line of migrants walking along a dirt path in El Paso.

How the Expiration of Title 42 Affects U.S. Immigration Policy

On May 11, 2023, Title 42 expired. The pandemic-era restriction was used to deny migrants entry into the United States, using health concerns related to COVID-19 as an excuse. The Biden Administration allowed the COVID-19 public health emergency to end last month, which also caused Title 42 to lapse. With the end of Title 42, many migrants question how it will affect immigration policy in the United States. 

At the Winterberg Law Firm, P.C., we provide experienced immigration services to clients throughout El Paso and the surrounding areas. Our knowledgeable immigration attorneys can help you understand your rights and help determine the best course of legal action based on your situation. Whether you are seeking immigration through a sponsor or need an adjustment of status, our lawyers can help. Contact us online or call (915) 841-9777 to schedule a consultation. 

Why Was Title 42 Put In Place?

According to CNN, title 42 is actually a portion of an 80-year-old federal law that enables the director of the U.S. Centers for Disease Control and Prevention (CDC) to issue a public health order. The CDC exercised the power to issue a public health order under this code during the coronavirus pandemic in an effort to stop the spread of the disease. 

Throughout the pandemic, Title 42 was used to send migrants away from the southern border of the United States or to return them to their home countries. As reported by CNN, the policy was used to expel migrants over 2.8 million times. 

When Did It Expire?

The use of Title 42 to expel migrants at the border came to a screeching halt on May 11, 2023, when the Biden administration ended the public health emergency related to the COVID-19 pandemic. 

What Is the U.S. Immigration Policy Now?

The expiration of Title 42 means that immigration returns to the pre-COVID era policies under Title 8. It is believed that Title 8 actually carries more harsh consequences for migrants who do not enter the country on solid legal grounds. 

Migrants, according to the Department of Homeland Security, may face an “expedited removal” under Title 8 and a 5-year ban on reentry. In addition, the Biden administration announced a new border policy. Under the new policy, many migrants will be unable to seek asylum in the United States if they fail to seek refuge in the country they transited through.

Was There a Rush at the Border After Title 42? 

Despite attention-grabbing headlines to the contrary, there was no evidence of a huge influx of migrants at the border with the expiration of Title 42. According to the Washington Office on Latin America (WOLA), there was no migrant wave. 

However, the advocacy group warns of a worsening crisis for individuals stranded in Mexico seeking asylum in the U.S. Many migrants are not afforded basic rights such as an asylum hearing. Individuals hoping to enter the U.S. illegally still have a long road ahead of them despite the end of Title 42. The best way to ensure that your case is heard timely is by retaining an experienced immigration attorney in El Paso. 

When to Hire an Immigration Attorney

It is in your best interest to retain an immigration attorney as early in the process as possible. An attorney can help guide you through the immigration process and ensure that your paperwork is correctly filed. Many applications are returned or denied due to simple errors causing unnecessary delays. If you are hoping to immigrate to the United States, you need to speak with an attorney as soon as possible.

Contact Our Office for More Information

Were you denied entrance to the U.S. under Title 42, or are you in the process of expedited removal? Contact us online or call (915) 841-9777 to schedule a consultation. Let us help you get the best possible outcome in your case. Call now to get started.

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Victoria Winterberg

Ms. Winterberg’s law school experience began after joining the Law School Preparation Institute while being a student at the University of Texas at El Paso. She then attended law school at Washburn Univesity School of Law before formally beginning her career. 

Leveraging a unique cultural background and approach to law, Ms. Winterberg uses her expertise in immigration law to bring people together. She has extensive work in all areas of immigration law and has helped countless people win cases and thrive. Immigration-related cases often involve the most vulnerable in the community, and our firm is driven by our ability to protect our clients and their families with each and every case.