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3 ways the end of Title 42 can affect your immigration process

On Behalf of | Jul 24, 2023 | Immigration Law

Several years ago, the U.S. government implemented an immigration policy in Arizona and throughout the country that had its greatest impact at the U.S./Mexico border. The policy enabled immigration officers at the border to expel migrants attempting to enter this country without granting them an opportunity to seek asylum. Under Title 42, if you tried to cross the border from Mexico, officers could turn you away based on a so-called public health protection.  

Title 42 has since ended, which may affect your immigration process in several ways. If you encounter legal challenges regarding entrance (or prohibited entrance) to the United States, it’s important to know where to seek support. New rules are now part of Title 8, which is the immigration policy now in effect.  

The end of Title 42 means new asylum rules are in place 

One of the ways in which the lifting of Title 42 may affect your immigration process has to do with asylum. While you can no longer be immediately expelled at the border without an opportunity to seek asylum in the United States, if you passed through another country before arriving at the U.S. border and didn’t seek asylum there, officers will forbid you from entering this country. 

Under Title 8, you can pursue your immigration claim in court 

When Title 42 was active, it was not possible to process your immigration claim in a U.S. court. Now that the court has lifted this policy, and Title 8 has precedence, your claim can go through processing. However, there is a backlog of cases, and it could take months or even years for your scheduled court date to arrive.  

You might wind up in an immigration detention center 

If your paperwork is not in order or you do not pass the initial asylum screening, you might be placed in an immigration detention facility. In the past, many immigrants have filed complaints stating that conditions in such facilities were inhumane. Sadly, many people have also claimed that immigration officials were abusive to them.  

If you are residing in Arizona or any other state, you have certain rights under the U.S. Constitution. If you believe a violation of those rights has occurred or you are facing legal problems associated with the immigration process, it is best to reach out for additional support rather than try to resolve the issue on your own. A language translator can also provide assistance during legal proceedings if you have a difficult time understanding English.