What is Title 8, the regulation that will be used after Title 42?

(CNN Spanish) – Ends this Thursday, May 11, Title 42 application in the United States. This public health policy made it possible to accelerate undocumented immigrants in the context of the COVID-19 pandemic. The regulations that go into effect starting Thursday will be Title 8. We’ll explain what it’s about.

Title 8 is decades old. Under this system, migrants would face more serious consequences for crossing borders illegally. People who cross the border without applying for asylum will be removed under Title 8 authority.

These procedures are mentioned by the US Department of Homeland Security (DHS) in a permit Posted on their website on May 1. The Department of Homeland Security has been preparing to end Public Health Act 42 for more than a year. In the fall of 2021, DHS began contingency planning efforts that included developing an operational plan and conducting ongoing simulation exercises.”

There, they detail some of the measures taken, such as increased resources, “including personnel, transportation, medical support, and facilities to support border operations.”

In addition, they highlighted that during the first half of fiscal year 2023, they brought back “225,483 people, compared to 170,896 people during the same period during the previous year,” and expelled “more than 440,000 people under Public Health Law No. 42 during the same period.” a period”.

In this sense, the Department of Homeland Security highlights that, in Title 8, “An expelled person shall be subject to a ban from entering the United States for at least five years and may face criminal prosecution for any subsequent attempt to cross the border illegally.”. People with final removal orders will be removed.”

Under Title 8, immigrants who enter the United States illegally can be arrested and processed for expedited removal.

In April of this year, the Biden government announced that it would establish regional processing centers in Latin America so that immigrants could apply to enter the United States. The decision was made because an increase in the flow of immigrants is expected due to the expiry of implementation of Title 42 on May 11.

Senior government officials told reporters that the centers, which are still under construction, will be located in Colombia and Guatemala, two countries that migrants often pass through on their way to the US-Mexico border. The possibility of expanding the centers to other countries is being studied.

Fernando del Rincon, Kathryn E. Schwecht, Daken Andoni, Rosa Flores, Priscilla Alvarez, Gloria Pazminho, Samantha Beach, Natasha Bertrand, and Haley Pritzky contributed to this report.