Who Is Being Deported Under Title 42
Nearly two week ago, thousands of migrants, mostly Haitian nationals, began arriving at the Texas-Mexico border in Del Rio. At one point, there were more than 14,000 migrants, with thousands sheltering under an international bridge.
The influx of migrants from Haiti came after civil unrest erupted this summer following the assassination of Haitian President Jovenal Moïse as well as a 7.2 magnitude earthquake that devastated the Caribbean nation.
Many Haitian migrants have also been in South America for about a decade ever since the 2010 earthquake caused massive damage and social and economic instability throughout Haiti considered the poorest country in the Western Hemisphere.
“We are definitely seeing a high number of Black immigrants, Haitian immigrants in particular, immigrants from the African continent who are not even given the tiniest opportunity to explain their experiences and request asylum,” said Breanne Palmer, the policy and community advocacy counsel at the UndocuBlack Network, an advocacy group for undocumented Black individuals.
“we have the authority to expel individuals under the laws that Centers for Disease control have,” Mayorkas told ABC News. “It is their public health authority under Title 42 and that is what we will bring to bear to address the situation in Del Rio, Texas.”
Executive Order On Border Security
The executive order on border security, entitled Border Security and Immigration Enforcement Improvements, contains several sections which undermine human rights, including the expanded use of detention, limits on access to asylum, enhanced enforcement along the US-Mexico border, and the construction of a 2,000 mile border wall.
Construction of a Border Wall and Additional Border Patrol Personnel
Section 4 of the border security executive order directs DHS to take steps to obtain operational control of the US-Mexico border by planning, designing and constructing a wall along the length of the border. It also directs DHS to allocate unused funding for the purpose of constructing a wall and to undertake a comprehensive study on the security of the southern border within 180 days. Section 8 directs DHS to hire an additional 5,000 Border Patrol agents as soon as practicable.
Response: The construction of a border wall was a main promise of Trumps presidential campaign, despite concerns by experts that the wall would be expensive, difficult to construct, ineffective in deterring illegal migration, harmful to the environment on the border, offensive to personal property rights, and a threat to the economic and social well-being of border communities. President Trumps promise to force Mexico to pay for a wall has created intense tensions in the relationship between these hitherto allied nations.
Increased Construction of Detention Facilities and Detention of Immigrants
Can It Be Reversed
One might assume that Trumps changes to the immigration system can be easily undone particularly since they were put in place unilaterally through executive actions .
To be sure, many of the presidents immigration policy changes have already been reversed, paused or have yet to take effect. Nearly every major regulatory or processing change to the immigration system has been challenged in court: the public-charge rule, terminating DACA, asylum restrictions, fee increases, efforts to make it more difficult for military service members to become naturalized, the slowdown in printing of green cards, and more.
And the administration has an overwhelming record of legal failure, according to a database of major Trump regulatory actions maintained by the Institute for Policy Integrity at New York Universitys School of Law. In nearly every immigration case that has had some sort of resolution, a court either ruled against the agency or the relevant agency withdrew the action after being sued. Which says something about the legal chops of the people writing these policies or the quantity of corners being cut possibly both.
Other regulatory actions would also likely be reversed by a new administration. But such reversals would happen slowly, if at all.
Some rollbacks might be bad politics for Joe Biden, too. For example, the temporary visa program for skilled workers which Trump has curtailed has vocal critics within the Democratic base.
Recommended Reading: Is Trump Having A Rally Tonight
Early Priorities Of The Trump Administration
After running a presidential campaign that offered unconventional immigration policiesincluding the construction of a wall along the southern border paid for by Mexico and a temporary moratorium on Muslims entering the United Statesboth supporters and opponents of Trump have wondered what immigration policy areas he will address first.
On November 21, 2016, Trump released a video message summarizing six priorities for his administration in its first 100 days. On immigration, Trump said that he would “direct the Department of Labor to investigate all abuses of visa programs that undercut the American worker.” Trump separately offered ten policy actions he would take to address immigration reform on his official transition website:
- Constructing a wall along the southern border
- Ending catch-and-release programs
- Having zero tolerance for criminals who live in the United States illegally
- Blocking funding for sanctuary cities
- Canceling “unconstitutional executive orders” and enforcing immigration laws
- Suspending visas to individuals from countries where “adequate screening cannot occur “
- Ensuring that foreign countries keep citizens deported from the United States
- Completing the biometric entry-exit tracking system
- Ending employment and benefits for individuals residing in the country without legal permission and
- Reforming immigration regulations to benefit the country and its labor force.
Ask The Immigration Attorney
At Choudhury Law, we address immigration law with a compassionate ear and hand. If you have a question, feel free to submit it for FREE using the form below. Our immigration attorney, Amena Choudhury, will respond with an answer to your most burning question, with the hope that a certain answer will bring you some peace of mindeven in todays stormy political environment.
You May Like: What Is Trump Up To Now
Trump Administration’s ‘remain In Mexico’ Program Tangles Legal Process
Trump’s son-in-law and senior adviser Jared Kushner has been quietly working on the plan for months and briefed Republican senators on the details Tuesday. A senior administration official, who spoke to reporters Wednesday on the condition that his name not be used, said the proposal is a “good faith effort” intended to unify Republicans and start a discussion.
“Right now this is the Trump plan, and we’re hoping this will become the Republican plan,” the official said.
Current Options For Immigration
At this point, there are four ways to obtain a Green Card for living in the USA:
- through a highly qualified job in the USA
- through family reunion with US relatives
- through an investment in the millions
Since hardly any regular person fulfils the high requirements for a Green Card via the workplace, has one million in their pocket, or has close relatives in the USA, the Green Card Lottery promises the best chances for a permanent work and residence permit for the United States. Currently, 55,000 Green Cards are randomly raffled each year by the U.S. government.
The annual Green Card lottery has been held since 1994. It is also known as the official Diversity Immigrant Visa Program and was designed to maintain the cultural diversity of the United States of America. So when Republican President Ronald Reagan launched the program, immigrants of various nationalities were highly welcomed.
Also Check: What Has Trump Done For Middle Class
Trump Leaves Mark On Immigration Policy Some Of It Lasting
WASHINGTON When President Donald Trump was running for reelection, foreign-born U.S. residents were rushing to get their American citizenship before it might be too late.
I didnt know what would happen if Trump got a second term, said Victoria Abramowska, who became a citizen in Maine this fall, after all the crazy things he did already.
Her fears werent unfounded. The Trump administration was more hostile to immigration and immigrants than any administration in decades, making it harder for people to visit, live or work in the United States and seeking to reduce the number illegally entering the country.
Many of the administrations immigration actions can be quickly undone by Joe Biden when he becomes president on Jan. 20. Yet Trumps legacy on immigration wont be easily erased.
People were denied the opportunity to apply for asylum and returned to dangerous conditions at home. Children were traumatized by being separated from their families. Trumps signature border wall went up in environmentally sensitive areas.
It may take longer to deal with the less tangible fallout.
Cuban Immigrants Were Given A Haven In The Us Now They’re Being Deported
Graham, who attended Thursday’s announcement, was involved in the last major bipartisan effort to overhaul immigration in 2013. That legislation passed the Senate but failed in the House. Trump’s proposal has zero chance of becoming law without bipartisan support. And at the moment it isn’t clear whether it has Republican buy-in, much less Democrats.
And the proposal is likely to run into trouble from the right, too, because it doesn’t restrict legal immigration.
“This bill will only get worse. As a starting point it’s not acceptable,” said Mark Krikorian, executive director of the Center for Immigration Studies.
Krikorian wants to see the level of legal immigration reduced and is concerned that the Trump proposal doesn’t even start by calling for a cut in immigration.
“I don’t think any of them really understands how important it is to his voters that there be some acknowledgement that numbers need to come down,” said Krikorian. “Is it an actual legislative vehicle or is it a campaign statement? And if it is real legislation why would they start with what is already a compromise position? The art of the deal says you start with an aggressive position. Why wouldn’t this have cuts to legal immigration.”
Read Also: How Many Times Has Trump Lied
What Is Title 42 Amid Backlash Biden Administration Defends Use Of Trump
Groups challenging the use of the order argue that it violates U.S. asylum law.
Title 42 explained by Terry Moran
President Joe Biden vowed to implement a more humane approach to immigration than his predecessor, but now the Biden administration is facing backlash over its use of a Trump-era order to rapidly expel thousands of migrants, mostly Haitian nationals, without giving them a chance to apply for asylum within the United States.
The process is known as Title 42, a reference to part of a U.S. public health code, and according to advocates challenging the administration in court, its use violates U.S. asylum laws.
Despite a chorus of criticism from advocates and Democratic lawmakers over the handling of the crisis at the border in Del Rio, Texas, the administration is defending the use of Title 42 in court.
After more than a week of growing controversy, immigration authorities in Del Rio, Texas, on Friday finished clearing out an encampment of mostly Haitian migrants that at one point expanded to about 15,000 people.
So far, more than a dozen flights have taken about 2,000 people back to Haiti, according to the Department of Homeland Security. About 17,400 have been moved from the camp for processing or to initiate removal proceedings where they will have the chance to claim asylum. About 8,000 at the camp returned to Mexico, according to DHS.
Executive Order On Refugees
On January 27, President Trump signed an executive order entitled, Protecting the Nation from Terrorist Attacks by Foreign Nationals. The order suspends the issuance of visas to nationals from Iran, Iraq, Sudan, Syria, Libya, Somalia, and Yemen shuts down the US refugee program for 120 days reduces the number of refugees to be admitted to the United States in FY 2017 from 110,000 to 50,000 halts the resettlement of Syrian refugees indefinitely launches a screening mechanism for the entry of foreign nationals and requires DHS to expedite completion of an entry-exit tracking system.
Suspension of Visas to Certain Countries and Extreme Vetting
Section 3 of the executive order suspends the issuance of visas to countries designated as being detrimental to the interests of the United States for 90 days, listing Iran, Iraq, Sudan, Syria, Libya, Somalia, and Yemen. Section 4 requires implementation of uniform screening standards for all immigration programs, to include assessments such as whether an individual is a risk, will be a positive contributor to the nation, and has the ability to make contributions in the national interest.
Suspension of the US Refugee Program and the Ban on Syrian Refugees
The following are important CMS analyses and resources on these issues, which offer an important, evidence-based counter-narrative to the policies set forth in these executive orders.
Also Check: What Is Trump’s Real Approval Rating