Understanding the difference between Title 42 and Title 8 in immigration process

By: Brenda Villa

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As Title 42 comes to an end, Border Patrol agents will start to use an old police that was in place before the pandemic, called Title 8.

Border Patrol says the key difference between both is with Title 8 a person can get arrested and deported with a criminal record, but with Title 42 a person can be sent back to their country, but they won't have the criminal record attached.

Under the Title 8, migrants who cannot prove they have a reason to seek asylum will be deported.

One example, they have to show there is a credible threat of danger in their own country. Those who can prove their life is in danger will be allowed to continue the asylum process.

Title 42 doesn't allow migrants that opportunity, instead they get sent back without an asylum hearing.

"You know, with Title 42, we do have an expedited process because it's, again, it is an expulsion. They go back to Mexico, which is, geographically speaking, we're real close to it. But with Title 8, everything changes, now you look at criminal records, criminal history, everything plays into account based on the deportation methods," Border Patrol Public Information Officer Andres Garcia said.

This past March, CPB reported they encountered with about 18,000 migrants. Out of those encountered, about 8,000 migrants were processed under Title 42 and the rest were processed under Title 8.

Migrants with criminal records, involved in gangs or children were not processed under Title 42.

Title 42 is set to officially end at 10:59 Friday night.


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