U.S COMMITTEE FOR REFUGEES AND IMMIGRANTS
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Post Title 42 and Asylum Ban FAQ

May 26, 2023

“On May 11, 2023 at 11:59 pm ET, Title 42, an obscure provision of public health law implemented at the onset of the COVID-19 pandemic that allowed border officials to rapidly expel asylum seekers and migrants to Mexico or their home country without due process, was lifted. Now, the processing of migrants and asylum seekers at the border has returned to Title 8 authority. Additionally, a new rule from the Department of Homeland Security (DHS) and the Department of Justice (DOJ) is in effect. The rule, which has been referred to as an asylum ban by advocates, went into effect on May 11, at 11:59 pm ET, when use of Title 42 was discontinued.

There is understandably much confusion about what this means for asylum processing and the situation at the southern border. Click here to read through some frequently asked questions about these policies.”


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