The Trump era rule, kept by the Biden administration, has allowed immigration authorities to rapidly turn back hundreds of thousands of people without giving them a chance for asylum. According to data from U.S. Customs and Border Protection, Title 42 has been used as of last month to expel more than 2.8 million migrants and asylum seekers.
“Title 8: Aliens and Nationality” of the Code of Laws of the United States is the body of federal law dealing with immigration and nationality, comprises relevant statutes adopted by Congress, and contains all of the country’s immigration laws. Under Title 8, border authorities will have to return to following the laws created by Congress.
However, under Title 8, migrants typically can seek asylum in the U.S. by citing a credible fear of persecution or other threats in their home country. However, a return to Title 8 enforcement practices will not necessarily mean that migrants would be allowed to enter and remain in the country. Many of them would still have to wait in Mexico until their asylum claims can be decided—the result of a Trump administration policy that the Biden administration has kept in place under court order.