Exit Upon Entry: Title 42 Ends But Entries Uncertain
Tomorrow, on May 11th, the Trump-era pandemic public health restrictions that became a key tool officials used to turn back migrants at the US-Mexico border, is set to expire, leaving many to speculate what will happen along our southern border. Will there be a surge? Reports of caravans are running rampant online and in media outlets. But does that mean our border is now just open? No, it does not.
So then what is Title 42 and what does its expiration mean? At the onset of the global pandemic, the CDC issued a public health order that officials aimed to stop the spread of Covid-19. Under a provision of Title 42 of the US Code the executive branch was able to halt the entry of asylum seekers into the US and swiftly expel them. Since its inception, the US has precluded 2.8 million migrants at the border. But now, with the emergency health order ending, so does Title 42. Many speculate that our border will be surged and the government is going to let everyone in. While it may cause a slight increase on those that feel an opportunity to take a chance, or an onslaught of misinformation by smugglers and others that the USA is open, those attempting to enter are likely to be disappointed.
The US government has been preparing for this day and put into place extensive protocols. Effective May 11, Government officers will be engaging in onsite credible fear determinations and removing those found not credible immediately. We anticipate increased detention of arriving aliens, and increased federal prosecution for criminal reentry attempts for those who have prior deportation orders. And for the first time, the US has brokered an agreement with Mexico to accept third-party nationals for deportation. Mexico has agreed to allow the United States to deport Cubans, Haitians, Nicaraguans, and Venezuelans to Mexico. This means less detention for those nationals, and immediate removal to Mexico.
Then how can someone increase their chance of success if they want to request asylum at the border? It would be best to avoid a run to the border and instead hire a competent immigration lawyer to properly prepare them for what to expect and how to best explain their claim to give them the best chance of success. If a candidate is successful in getting a positive determination at the onset of that credible fear interview, they will be referred for a full asylum claim. That can lead to being paroled into the US to a loved one. I cannot stress the importance at this crucial stage, as it is not only important to be able to get a hearing, but it will also form the basis for your entire case. Failure to provide specific information can kill any chance you may hope for. We have been able to successfully help so many clients properly prepare for this through our sister office in Tijuana, by preparing them and preparing necessary relevant documentation packages to present to CBP. Then upon successful entry, we are able to continue to represent them throughout their entire asylum claim in courts throughout the nation. Contact us to help you maximize your possibilities.