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The last few months, there has been a bunch of back and forth on one of the most controversial immigration policies passed in recent memory. Title 42 has been debated by immigration advocates and border security defenders, Democrats and Republicans, and attorneys and judges. The government terminated Title 42 only for a federal court to overrule that action. Let’s discuss further.

What is Title 42?

Title 42 was raised during the height of COVID-19 that limited the mass gathering of migrants in containment centers. Title 42,

“...allows the US Border Patrol and US Customs and Border Protection to prohibit the entry of persons who potentially pose a health risk by being subject to previously-announced travel restrictions or because by unlawfully entering the country to bypass health-screening measures. Its use was implemented under the Trump administration and has continued under the Biden administration to prohibit asylum seekers from lawfully petitioning for asylum in the United States. Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit. If they are unable to be returned to the country of last transit, the Border Patrol will work with its interagency partners to expel the person to their country of origin.”

CDC and DHS Terminate Title 42 

On April 1st, 2022, in consultation with the U.S. Department of Homeland Security (DHS), the Centers of Disease Control and Prevention (CDC) announced that they would be terminating Title 42, under 42 U.S.C. 265, 268 & 42 C.F.R. 71.40. Title 42 is a policy that limited the ability for asylum seekers in the United States to enter the United States, under COVID-19 protocols. Title 42 garnered serious criticism from asylum advocates, and praise from individuals seeking tougher border security and control.

U.S. District Court Blocks Termination of Title 42

On May 23, 2022, the U.S. District Court for the Western District of Louisiana issued an injunction preventing the government from terminating Title 42. As of now, Title 42 is still active and alive. The Biden Administration stated that it would be willing to consider alternative methods for termination. The administration even stated that it would contemplate litigation all the way up to the U.S. Supreme Court.

What is next for Title 42?

With the seemingly never ending confusion on Title 42, waves of debates have begun. Republicans advocate for Title 42, stating that without it, even further instability at the U.S. border would ensue. On the other hand, the Biden Administration justified its move to terminate Title 42 as a progressive one. The administration announced shortly after termination that it would allow entry for up to 100,000 Ukrainian refugees. Title 42 is expected to remain a hotly contested issue. If you have any questions regarding Title 42, or the impact on your entry into the United States, reach out to Ibrahim Law Office of Chicago to schedule an appointment.

Have questions about Title 42 and how it may impact you? Contact Ibrahim Law office of Chicago for a consultation to discuss your needs.

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Michael G. Ibrahim, Esq.
Founder & Principal Attorney

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About the Author

Michael Ibrahim Chicago Immigration Lawyer Headshot Icon Size

Michael G. Ibrahim, Esq.
Founder & Principal Attorney — Ibrahim Law Office

Michael G. Ibrahim is the founder and principal attorney of Ibrahim Law Office, a Chicago-based immigration law firm. With over a decade of experience and more than 3,000 cases handled, he focuses exclusively on complex immigration matters — removal defense, inadmissibility waivers, asylum, and family-based immigration. He is admitted to practice in Illinois, the 7th Circuit Court of Appeals, and multiple U.S. District Courts.
Born to immigrant parents & raised by an immigrant family, my upbringing made me the lawyer I am today. From immigrants, for immigrants.

EDUCATION

DePaul University College of Law
J.D., 2013
Certificate in Public Interest Law

University of Illinois at Urbana-Champaign
B.A. Political Science & International Studies, 2010

Benjamin Hooks Public Interest Law Scholar

Editor, Journal for Social Justice — DePaul University

BAR ADMISSIONS

Supreme Court of Illinois

7th Circuit Court of Appeals

U.S. District Court – N.D. Illinois

U.S. District Court – E.D. Wisconsin

U.S. District Court – E.D. Michigan

U.S. District Court – S.D. Indiana

MEMBERSHIPS

American Immigration Lawyers Association (AILA)

Illinois State Bar Association

Assyrian American Bar Association

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