The end of Title 42 initiates the return of Title 8.
So what does that mean for migrants seeking asylum?
Siovhan Ayala, an immigration attorney from Ayala Law Office, says Title 8 obligates U.S. Customs and Border Protection under the law to process migrants who are seeking asylum.
“The difference now is that they have an obligation under the law to process people for asylum. So, if someone claims fear at the port of entry, they have to go through a certain process to make sure that the person is qualified for asylum. If they’re not, they can deport them, but the person asking for asylum is entitled to a legal process that they were not entitled to under Title 42.”
But seeking asylum can be a complex and lengthy process. Under Title 42, The Biden Administration began denying asylum to migrants who arrive at the border without a scheduled appointment with Border Patrol through their mobile app, CBP One.
“The problem with the app is that, first of all, a lot of people don’t have phones that are capable of downloading the app; they have to have a phone. They’re asylum seekers-they usually don’t have a lot of money to be paid to wait in the app,” Ayala says.
While the app will still be an option, CBP will also begin processing migrants who arrive at a port of entry without an appointment-even adding 1,000 appointments each day throughout all eight ports of entry.
Still, getting an appointment can be a grueling process.
“The line can be for days,” says Ayala.
Title 8 also brings “more severe” consequences for migrants.
Those caught crossing the border illegally will be removed through the speedy deportation process known as “expedited removal,” which would ban them from the United States for at least five years.