Title 42, a public health policy enacted by the U.S. government during the COVID-19 pandemic, has been used to justify the expulsion of asylum-seekers at the southern border without due process. However, on November 19, 2021, a U.S. federal court ordered the end of Title 42 for asylum-seekers.

The end of Title 42 means that asylum-seekers who arrive at the U.S. southern border will no longer be subject to immediate expulsion. Instead, they will have the opportunity to pursue their asylum claims through the immigration court system. This is a significant shift in U.S. immigration policy, as the Trump administration had used Title 42 to expel over 700,000 migrants, including tens of thousands of asylum-seekers, during the pandemic.

The end of Title 42 has been met with both celebration and concern. Advocates for asylum-seekers have welcomed the decision as a step towards restoring due process and dignity to those seeking protection in the U.S. However, some experts warn that the end of Title 42 could lead to an increase in the number of migrants arriving at the southern border, potentially overwhelming the immigration system.

One of the immediate effects of the end of Title 42 is that asylum-seekers who are currently in Mexico under the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy, will be allowed to enter the U.S. to pursue their asylum claims. Under the MPP, asylum-seekers were required to wait in Mexico while their cases were processed in U.S. courts, a process that could take months or even years. This policy has been widely criticized for putting asylum-seekers in danger in Mexico, where they are often subject to violence and extortion.

Asylum-seekers who are not subject to the MPP but who were previously expelled under Title 42 may also be eligible to return to the U.S. to pursue their asylum claims. However, the process for doing so is not yet clear, and there may be logistical and administrative challenges to overcome.

The end of Title 42 also means that asylum-seekers who arrive at the U.S. southern border without proper documentation will no longer be immediately expelled. Instead, they will have the opportunity to make their case for asylum in immigration court. This could lead to an increase in the number of migrants arriving at the southern border, as some may see this as an opportunity to pursue their asylum claims in the U.S.

However, the U.S. government has made it clear that it will continue to enforce immigration laws and process asylum claims in accordance with existing regulations. Asylum-seekers will still be subject to screening and processing by U.S. Customs and Border Protection (CBP) officers, and those who are deemed ineligible for asylum or who pose a security risk may still be denied entry.

In addition, the U.S. government has indicated that it will continue to use Title 42 for public health purposes, such as expelling migrants who are found to have COVID-19. However, it is unclear how this will be implemented in practice, and there are concerns that the policy could be used to justify continued expulsions of asylum-seekers.

The end of Title 42 has been welcomed by many advocates for asylum-seekers, who see it as a step towards restoring the U.S. commitment to refugee protection and human rights. However, they also acknowledge that there are challenges ahead, particularly in terms of processing the backlog of asylum cases that have built up during the pandemic.

Overall, the end of Title 42 represents a significant shift in U.S. immigration policy towards asylum-seekers. While there are concerns about the potential challenges and consequences of this shift.