The Importance of Upholding Immigration Laws Despite the Expiration of Title 42
Title 42, a public health order implemented by the Centers for Disease Control and Prevention (CDC) in response to the COVID-19 pandemic, is set to expire on May 11. This order has allowed U.S. authorities to expel individuals who cross the border without authorization, including asylum seekers and unaccompanied minors, citing the risk of spreading the virus.
However, it is important to note that the expiration of Title 42 does not mean a significant change in U.S. immigration laws or policies. Even without this order, the U.S. government remains committed to enforcing strict immigration laws and policies. Individuals who do not have a basis to remain in the United States, including those who have exhausted their legal options for seeking asylum, will continue to be removed under Title 8 of the U.S. Code.
Title 8 of the U.S. Code outlines the immigration laws of the United States, including the grounds for inadmissibility and deportability, as well as the procedures for removal. The law is clear that individuals who are in the United States without authorization are subject to removal. This includes those who enter the country without inspection or those who overstay their authorized period of admission.
The U.S. government has the authority to detain and remove individuals who are subject to removal under Title 8. This can be a lengthy and complicated process, and individuals may have the opportunity to challenge their removal through legal means. However, ultimately, those who are found to be removable will be deported from the United States.
It is important to note that not all individuals who are in the United States without authorization are subject to removal. Some may be eligible for relief from removal, such as asylum, withholding of removal, or protection under the Convention Against Torture. Others may be eligible for certain forms of immigration relief, such as adjustment of status or cancellation of removal.
However, it is also important to recognize that the U.S. government has the authority and responsibility to enforce its immigration laws. This includes the removal of individuals who have no legal basis to remain in the United States. While Title 42 has allowed for the expulsion of certain individuals during the pandemic, the expiration of this order does not change the fact that the U.S. government will continue to enforce its immigration laws and policies.
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