The surprising truth about the end of title 42
The surprising truth about the end of title 42
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Recently, Title 42 has been blocked. It is a controversial order that has been in the eye of criticism for a long time. This decision could make a difference for those wishing to migrate to the US.
The well-known Title 42, after so much controversy, has finally been blocked by a US judge. After many complaints, abuse cases, and other disputes, this is a relief for many people.
It is also hopeful news. This law could make the US a much more migrant-friendly country as most of the US’s immigration problems stem from contradictory or illogical laws.
The end of Title 42: good news for immigrants
Title 42 was a controversial order by the Trump administration that did nothing more than squash opportunities for immigrants. It was also said that this order, by its nature, went so far as to create dangerous environments for them.
It was common for violent acts such as rape and kidnapping to be committed under this order; however, the proponents of this law denied it. Their aggressiveness against immigrants allowed such actions to occur.
The fact that this nightmare is finally over is good news for the immigrants, since the environment they will face will no longer represent so much danger. In this way, their human rights will be fulfilled in the process of immigration to the US.
Even so, it is worth asking why this law works, therefore, what made it so volatile in the face of human rights violations, and the answer to these questions is straightforward: its origin explains it all.
What was Title 42?
In the context of the pandemic and the controversial administration of President Donald J Trump, Title 42 was born, and it was quickly enforced across all US borders.
The CDC issued a public health order at the height of the pandemic on March 20, 2020. Initially, this order was enacted to protect public health in the US and prevent the increase in Covid-19 cases.
However, the order’s modus operandi turned out to be closer to abuse than bureaucracy. Deportations under Title 42 were immediate and did not require any process, leading to violent and inhumane results.
Finally, US District Judge Emmet Sullivan in Washington blocked Title 42, adding that he found the order “arbitrary and capricious” and that it also “violated the Administrative Procedure Act”.
Immigration and the Pandemic
During the pandemic, immigration took a hit. It is well known that the US could have a better option for managing its immigrants. At the beginning of the pandemic, there was an increase of immigrants, and it caused several problems for immigration.
The already deficient administrative processes in immigration were severely affected by the massive number of immigrants arriving during this period. For obvious reasons, this set the stage for a total disaster.
In addition, the pandemic itself influenced migration, both in and out of the US. It caused a collapse of the immigration offices and various concerns led these entities to take drastic measures. And this, under the Trump administration, tended to be to the detriment of immigrants.
There were numerous allegations of human rights violations domestically and internationally due to this order and its implementation. The outlook for immigrants was grim, and the number of abuses and crimes committed was uncountable.
The fight between republicans and democrats
In addition to the human rights issues, Title 42 was the focus of many debates between Republicans and Democrats. It is due to the clear and substantial impact of this order on immigrants, also affecting the image of the US in terms of immigration.
It was expected that this order would be revoked during Joe Biden’s presidency. It was defended in his courts for several months but it was also widely criticized since part of his election propaganda was “support for immigrants” and did not seem fulfilled.
However, some claimed that the existence of Title 42 was a “necessary measure” since there were so many immigrants, that it exceeded the immigration offices’ capacity.
Others argued that the problem could have been contained with more ethical and humane methods under good management. Regardless of the answer, the reality is that this order caused a great deal of harm to many immigrants.
Title 8, the new rules
As of December 21, 2022, Title 42 will permanently expire but Title 8 will remain in effect.
Alejandro Mayorkas, Secretary of Homeland Security, assured, “With or without Title 42, people who have no legal basis to remain in the US will be removed”—strongly opposing illegal immigration.
The difference is that with Title 8, immigrants can go through the competent processes for deportation. It is no longer an immediate act, as in Title 42, but is now much more humane.
In the aftermath of this news, many immigrants have been found waiting at the US border for Title 42 to expire. Nonetheless, what are they waiting for? What do they want?
These people are waiting because, under Title 8, they no longer feel the imminent danger of being deported so quickly. The activation of Title 8 creates a friendlier environment for all of them.
Hope for immigrants
If you are an immigrant, you can enter the US and present strong evidence that you have a legal basis to remain in the US. It is very hopeful and an opportunity for you and many other people, and it is very encouraging and a chance for you and many others.
Therefore, if you are facing the opportunity to start your legal immigration process to the US, what should you do? Our most sincere recommendation is to hire an immigration lawyer in San Diego, California. At Kannan Law, we will help you with all the legal and immigration processes you need. Contact us!