Migrant families, asylum in the U.S. and the Title 42 rule

 Posted on September 16, 2021 in Firm News

Migrants coming to the United States across the southern border can face a number of challenges.

The implementation of Title 42 brought about changes to asylum in the U.S. What is this rule and how does it affect migrant families?

Removal from the U.S.

There are various reasons for the removal of an individual or a family from the U.S. One of those pertains to having entered the country without a visa. However, under the current administration, many migrant families have been permitted to seek asylum. But regulations change, and the implementation of Title 42 under Section 265 of the U.S. Code has had an effect on asylum availability.

What it means

Issued as an emergency regulation in March 2020, Title 42 allows the Centers for Disease Control and Prevention (CDC) to prohibit people to enter the U.S. when the Director believes that "there is serious danger of the introduction of disease into the United States." Border Patrol agents and customs officers have the authority to implement this order as the CDC directs.

At odds with the ACLU

Due to processing under Title 42, migrant families are not permitted asylum before their deportation to Mexico. Talks between the current administration and the American Civil liberties Union (ACLU) ended when the government chose to continue removing families from the U.S. However, removal has slowed since Mexico is not eager to take migrants of certain nationalities nor parents who have young children.

Help for migrant families

Many families hoping for asylum in the United States find regulations like Title 42 confusing and difficult to overcome. Legal counsel with solid experience in immigration matters can help clear the way.