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Supreme Court Allows Title 42 Expulsions of Immigrants to Continue

 Posted on January 06,2023 in Immigration

DuPage County deportation defense lawyers

Over the past few years, immigration officials in the United States have used a rule put in place by the administration of President Donald Trump to quickly expel certain types of people who entered the country illegally. This rule, known as Title 42, was created in March of 2020 in response to the COVID-19 pandemic, and its stated purpose was to prevent the spread of infections by immigrants entering the country. However, even though the threat of COVID-19 has decreased, this rule has remained in place, and it has allowed officials to expel 2.5 million people from the U.S.

While it may seem clear that Title 42 is no longer necessary to address health risks, multiple states have argued that the policy should remain in place. They have claimed that ending Title 42 would result in a wave of migrants entering the country, leading to serious problems as states struggle to provide the necessary housing and services. In November of 2022, a federal judge ruled that Title 42 was unlawful, and the policy was scheduled to end on December 21, 2022. However, 19 states pursued legal action to contest this ruling, and on December 27, 2022, the U.S. Supreme Court issued an order requiring Title 42 to remain in place until it reaches a decision on whether the states should be allowed to fight the judge's decision.

Who Is Affected by Title 42?

One of the primary concerns related to Title 42 is that it allows immigration officials to expel people from the United States without following the usual deportation procedures. When using Title 42, immigration officials have been able to remove migrants from the U.S. without allowing them to claim asylum. Even though certain immigrants may have a credible fear that they will face persecution or other risks to their health and safety if they are forced to leave the United States, many have been expelled and returned to Mexico or other countries, and in many cases, they have been placed in dangerous situations.

While Title 42 has been used frequently since 2020, this rule only applies to immigrants from certain countries. In most cases, immigrants who are expelled are returned to Mexico. However, Mexico only accepts its own citizens or people from Venezuela, Guatemala, El Salvador, and Honduras. In some cases, the U.S. may expel immigrants to other countries, such as Haiti, by sending them on flights. However, other countries, such as Cuba and Nicaragua, do not accept immigrants who have been expelled. 

Even though the use of Title 42 has decreased somewhat, it is still one of the most common methods of removing immigrants from the United States. For those who do not qualify for Title 42 expulsion, the standard deportation procedures will be used, and immigrants will be able to claim asylum. The administration of President Joe Biden has also put some exceptions to Title 42 in place for certain immigrants, including those from Ukraine. Unaccompanied minors and other immigrants who are considered vulnerable may also be protected from Title 42 expulsions.

Contact Our Itasca Removal Defense Attorneys

While Title 42 continues to be a significant issue affecting immigrants who are seeking to come to the United States, challenges to this policy may allow people to avoid expulsions and ensure that they can be protected against persecution or other forms of harm. At Unzueta Law Group, P.C., our DuPage County deportation defense lawyers provide representation for people who need to address immigration issues. We can assist with matters related to deportation and offer guidance on the types of relief that may be available. To learn how we can help with these issues, contact us at 630-509-2363 to set up a consultation.


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