With the impending expiration of Title 42 at 11:59 p.m. ET on Thursday, security officials are preparing for a potentially unprecedented surge of asylum-seeking migrants along the southern border. This COVID-era measure, implemented as a public health emergency response, facilitated the swift expulsion of migrants and effectively halted the processing of asylum applications for over three years.
Once Title 42 is lifted, the large number of individuals who have been awaiting their fate in Mexico, having fled from violence, poverty, and political instability, will become subject to the established immigration protocols outlined in Title 8. According to these laws, individuals cannot be turned away or deported without undergoing a screening for their asylum claims. Consequently, they will be allowed to enter the country and placed in detention centers as part of the expedited removal process, which involves a credible fear interview. Those who are found to have valid claims will be permitted to remain in the country while their cases progress through the immigration court system. Conversely, those whose claims are deemed invalid will face deportation.
Regardless of the outcome, the extended processing times will lead to a bottleneck at ports of entry and detention centers, placing a strain on the resources of federal, state, and local governments.