What is Title 8 immigration law? Policy replacing Title 42, explained.
With the Thursday night expiration of Title 42, a pandemic-era immigration policy, Title 8 is set to return as the primary means for officials to manage migrant entries at the U.S. border.
Title 8 was in place long before the pandemic. The policy’s reinstatement means migrants who cross into the United States will be processed under a different set of rules than what federal officials have been using for more than three years.
FROM THE TEXAS BORDER: Title 42 updates: No increase in border crossing, Ted Cruz rips Biden
Here’s what you need to know about Title 42 and Title 8, the policy that will replace it:
What is Title 42?
A pandemic-era public health order invoked by former President Donald Trump’s administration in March 2020, Title 42 allowed officials to fast-track the expulsions of millions of migrants during more than three years. It was a stark departure from Title 8, the immigration rule used before the pandemic, that will kick in again as the primary policy to process migrants entering at the border.
Title 42 has been controversial from the start, but President Joe Biden opted to keep it in place when he entered office in January 2021. He tried to end the policy in 2022, which prompted Republican-led states, including Texas, to sue to keep it in place.
SCENES FROM THE BORDER: Stunning photos from Texas border show migrant conditions after Title 42 ends
Why did Title 42 end?
The legal battle over Title 42 escalated to the Supreme Court, but the policy ultimately expired at 11:59 p.m. EDT Thursday. It lapsed along with the federal public health emergency for COVID-19, which was the legal basis for Title 42 expulsions.
The high court was set to hear arguments about the Trump-era immigration policy in March, but the hearing was canceled after Biden administration lawyers said in a brief that the end of the public health emergency would “moot this case.” The court agreed.
How does Title 8 work?
Unlike Title 42, Title 8 typically allows migrants seeking asylum more time to make their requests to officials. But, the measure also carries stiffer penalties, including five- and 10-year bans for anyone who is caught repeatedly trying to enter the country without authorization.
Although Title 42 has been in the spotlight for most of the pandemic, Title 8 was still in use and the policy accounted for a growing number of migrants at the U.S. southern border being processed.
MORE ON TITLE 42: Here’s where migrants at the southern Texas border are coming from
Who enforces Title 8?
U.S. Customs and Border Protection, the primary law enforcement agency within the Department of Homeland Security, is the main enforcement arm for immigration law.
How long will Title 8 be in effect?
Title 8, just like Title 42, includes immigration laws enacted decades ago.
Any changes in those laws would require Congress to take action, but there has been no momentum in Washington to make any such changes.
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