Title 42 is a public health measure that allows immigration agents to deport immigrants who enter through the border from other countries and who want to apply for political asylum. In the current case, to prevent the spread of Covid-19.
Title 42 allows for “expedited removal,” i.e., quick and immediate deportation, which results in immigrants being deported without even seeing an immigration judge.
Title 42 IS NOT an asylum program. Therefore, when you are deported you do not have an open immigration case.
It is important to clarify this point, because many people think that because they have been deported under Title 42, they have a Title 42 case. You would not be in a Title 42 case if you are deported, you would only be deported under Title 42. You would not be entitled to see a judge, nor have a case or process with immigration.
What is the difference between a regular deportation and a Title 42 removal?
A deportation is a regular immigration proceeding, in which the person is detained and deported if: Entered the country illegally, committed crimes within the United States, violated immigration laws, or poses a threat to public safety. These deportations are done by ICE, which is part of the Department of Homeland Security (DHS). In deportation, you have the right to appear before a judge and you have the right to be represented by an immigration attorney.
In contrast, a “Title 42” removal does not entitle you to these immigration benefits. You would have to remain outside the United States until this measure is suspended again. After it is suspended, you could try again to apply for asylum at the border.
If you have questions regarding this issue or need legal advice, contact us today.
