What is Title 8, the regulation to regulate immigration in the United States that replaces Title 42?

(CNN Spanish) — This Thursday, May 11, Title 42 ends in the United States. This public health policy made it possible to expedite undocumented immigration in the context of the Covid-19 pandemic. The regulations that go into effect this Thursday are Title 8. Let’s explain what it’s all about.

Title 8 is decades old. Under this regulation, immigrants face more severe consequences for crossing the border illegally. Those who cross the border without first applying for asylum are subject to removal under that Title 8 authority.

These measures are prescribed by the US Department of Homeland Security (DHS). A statement Published on their website on May 1. “The Department of Homeland Security has been preparing for more than a year for the finalization of the Title 42 Public Health Order. In the fall of 2021, DHS began contingency planning efforts, including the development of an operational plan and ongoing simulation exercises,” the statement said.

There, some measures have been taken, such as an increase in resources “including personnel, transportation, medical assistance and facilities to support border operations.”

Additionally, in the first half of fiscal year 2023 they deported “225,483 people, compared to 170,896 in the same period a year earlier,” and “deported more than 440,000 people under the Title 42 Public Health Order.” period”.

In this sense, the DHS, with Title 8, states that “a deportee is subject to a minimum five-year ban from entering the United States and faces criminal prosecution for any attempt to cross the border illegally.” . Those who have a final order of removal will be removed.

Under Title 8, immigrants who enter the United States illegally can be arrested and processed for expedited removal.

In April of this year, the Biden administration announced the creation of regional processing centers in Latin America so that immigrants can apply to enter the United States. The decision comes as the end of Title 42 enforcement on May 11 is expected to increase the flow of immigrants.

The centers, which are still under construction, will be located in Colombia and Guatemala, two countries where migrants often cross the US-Mexico border, senior government officials told reporters. The possibility of expanding the centers to other countries is also being studied.

Fernando del Rincón, Catherine E. Shoichet, Dakin Andone, Rosa Flores, Priscilla Alvarez, Gloria Pazmiño, Samantha Beech, Natasha Bertrand, and Haley Britzky contributed to this report.