Why are some deported and others not? How Title 42 Affects Migrants in the United States

Every day more migrants arrive at the border hoping to cross into the United States, however, many question the why some immigrants are allowed entry and others are deported under Title 42.

The Sanitary Rule put into practice during the Donald Trump administration allows some migrants to be quickly expelled.

However, he has been granted some humanitarian exceptions by the US government, which allows others to remain in the interior of the country awaiting the solution of their legal immigration status.

Now, in what lies these differences? Why is a certain group of immigrants allowed to enter the United States to seek a future and others not?

Why does Title 42 affect a group of Migrants in the United States and not others?

Title 42 constitutes a public health order which was approved in March 2020, during the government of Donald Trump.

The Sanitary Rule had as its essential purpose the containment of the pandemic caused by Covid-19 in the United States. For this reason, authorizes the rapid deportation of all migrants who intend to seek asylum by entering this nation using the borders of Mexico and Canada.

It is important to highlight that Title 42 is still in effectdespite all the requests for its completion.

What are the reasons that some immigrants remain in the United States despite Title 42?

There are several reasons why some immigrants remain in the United States despite Title 42 being in force. Below we share some of them with you.

  • The high cost represented by the deportation of immigrants to their countries of origin.

One of the reasons why some immigrants remain in the United States despite Title 42 being in force is because the United States government, at the time of applying it, measures the cost of deporting an immigrant by keeping him or her in a detention center. detention.

As the cost is very high, they allow these immigrants to stay in the United States for the duration of their asylum process.

In this regard, an immigration attorney explained that Mexico has an agreement with the United States to be able to receive its own Mexican, Guatemalan, Honduran, and Salvadoran nationals, but that it has made clear its position of not receiving Venezuelan, Cuban, and Nicaraguans.

That is why, if an immigrant comes from one of these countries (Cuba, Venezuela and Nicaragua) they are less likely to be deported.

For this reason, the way in which the reasons justifying the asylum request are presented to the US immigration authorities during the “Credible Fear” interview is very important.

Both the Department of Homeland Security and the Department of Justice have taken steps to give higher priority to requests from people who show fear of persecution, torture, or fear of returning to their home countries, thus ensuring a quick response.

  • Unaccompanied minor immigrants are allowed to enter the United States without risk of deportation.

Another reason why immigrants can stay in the United States under Title 42 is belonging to the group of unaccompanied immigrant minors.

This group is allowed to enter the United States, without the risk of being deported because the Centers for Disease Control and Prevention (CDC) determined that unaccompanied minors should not be deported to the border because they may constitute a public health concern.

In this sense, the current president of the United States prohibited the expulsion of minors to their countries of origin under the protection of title 42, in the month of January 2021.

Thus, in the first press conference that he granted as president, he expressed:

“The only people we won’t keep waiting, on the other side of the Rio Grande – on their own, without help – are the children.”

  • Belonging to the group of families considered vulnerable

Another reason some people manage to stay in the United States is because of the belong to the group of families considered as vulnerable.

These family groups are identified and admitted by the US government who determine whether or not Title 42 applies.

Related to this issue, many experts on immigration issues consider the admission of groups of families as the result of “luck” or “choosing at random”, because in reality there are no defined indicators to make such a selection.

Immigration experts in the United States also realize that it is good luck that the administration of President Biden has decided not to apply it to family groups.

Finally they pointed out that this is not a named policy, there is simply a percentage of groups of families that have been able to enter the US despite the fact that Title 42 is still in force.

In this way, for the duration of the asylum process, they are not considered undocumented persons, even having the right to a work permit.

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