A thousand migrants camp precariously in the center of the US city of El Paso, on the border with Mexico, overwhelmed by the massive arrival of people who have decided to risk traveling from the United States, toefore Title 42 is lifted this Thursday, a norm that has allowed immediate expulsions for health reasons.
However, the hope that motivates the thousands of migrants to travel illegally to the North American country due to the lifting of this rule can be quickly undermined by the Title 8, an already existing measure that authorities have warned that they will use to prevent irregular mass migration.
(Also: USA: what comes after the end of Title 42, which allows the expulsion of migrants?)
Uncertainty at the border grows before the end of Title 42. There are hundreds of migrants who interpret the disappearance of Title 42 as an opportunity to enter the United States despite the permanence of other restrictions.
Washington has made it clear that the end of the aforementioned measure does not imply ending all restrictions, But many of the migrants hold out hope that the US authorities will let them through.
(Also: The controversial Title 42: what is its impact on Colombian migrants?)
Title 42 immigration regulations were adopted by former Republican President Donald Trump (2017-2021) under the pretext of the pandemic to allow express expulsions alleging health problems.
However, this already existed since World War II. Title 42 was created by the Centers for Disease Control and Prevention to prevent the spread of disease in the United States.
(Read: Title 42: What will happen at the US border for the purpose of the measure?)
Despite the end of this regulation, criticized by the current government of Democrat Joe Biden, there are other measures that the authorities have already announced that they will use to control the massive flow of migrants.
Among them is the strict Title 8a regulation that has existed since 1940 and that will be implemented to expel anyone who crosses the border of the United States irregularly.
What is Title 8?
On December 14, the Secretary of Homeland Security of the United States (DHS), Alejandro Mayorkas, had already warned in a statement that Migrants will continue to be removed under the policy known as Title 8.
“I would like to be clear on this: Title 42 or not, people who cannot establish a legal basis to remain in the United States will be removed,” Mayorkas said.
(You may be interested in: Migration to the United States: how many people have they captured at the border?)
It’s about the implementation of existing laws that affect immigration and naturalization, and that remained active despite the coronavirus pandemic and the implementation of Title 42.
Immigration Law, codified under Title 8, forms the basis of United States immigration lawsays a report from Cornell University, New York.
It adds that the Immigration Reform and Control Act (IRCA of 1986) “intensified” the measures applied by the United States to “dissuade immigration through strengthened border regulations and sanctions” not only for those who attempt to cross illegally, but also “for employers who hire illegal aliens with knowledge of their immigration status.”
(Continue reading: Title 42: ‘chaos’ at the US-Mexico border after court order)
In practice, this means that according to the provisions of Title 8, immigrants who enter the United States illegally can be arrested and processed for expedited deportationsomething very similar to the current regulations in force, but with a clear difference with respect to sanctions.
The Department of Homeland Security adds that, under Title 8, “a person who is removed is subject to a ban on admission to the United States of at least five years and may face criminal prosecution for any subsequent attempt to cross the border illegally.”
(We recommend: Thousands of migrants wait in shelters for the lifting of Title 42)
“He Department of Homeland Security has been preparing for the end of the Title 42 public health order for more than a year ago. In fall 2021, contingency planning efforts began which included creating an operational plan and conducting ongoing drill exercises,” the statement said.
Who can be deported?
Title 8 does not only allow people to be removed who do not have probable cause for asylum. The list of deportables includes:
– Those trying to enter or have entered the United States without having been admitted or on parole upon inspection by an immigration officer at a designated port of entry, and who have not established to the satisfaction of the immigration officer that you have been physically present in the country continuously during the 2-year period immediately preceding the date of determination of inadmissibility.
– If a DHS agent determines that an alien cannot enter because it is inadmissible under Section 212 of the Immigration Act.
– People who were previously deported and they have not fulfilled the time of punishment.
– Individuals who have committed crimes or crimes that make them a threat to the national and public security of the United States.
– People who have committed crimes of moral turpitude.
– Any foreigner who has been convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien who has lawful permanent resident status under section 1255(j) of this title) after the date of admission, and has been convicted of a crime for which may be imposed a sentence of one year or more.– People with multiple criminal convictions.
Santiago Andres Venera Salazar
INTERNATIONAL WRITING
With information from agencies.
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