The Biden administration is putting the finishing touches on a new regulation to fight illegal immigration just hours before Title 42 is set to expire. Homeland Security Secretary Alejandro Mayorkas held a press conference Wednesday to announce that his department and the Department of Justice will implement this new regulation Thursday at midnight.
According to The Hill, the Biden administration's new measures bring back aspects of the Trump administration's immigration policies and will place more conditions on accessing asylum in the United States.
"The rule establishes that those who do not use legal channels to enter the United States are not entitled to asylum. It allows the United States to remove people who do not make a reasonable showing of persecution in the country of removal," according to the Department of Homeland Security press release. "Non-citizens can only rebut this presumption in very limited circumstances; for example, if they have used our legal avenues or have applied for asylum or protection in another country through which they have traveled and been denied."
Biden DHS Secretary Alejandro Mayorkas: "Let me be clear: the lifting of the Title 42 public health order does not mean our border is open." pic.twitter.com/XLR3eYwBAY
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With this new measure, hot returns could continue to be carried out in the same manner as under Title 42. According to Mayorkas' statement, his department hopes that the new regulation will be a sufficient deterrent, along with all the other resources that have been put into place at the southern border in recent days.
Mayorkas will rely on Title 8
Along with the changes to the asylum process, Mayorkas assured that southern border authorities will continue to monitor and record the entry of migrants under Title 8. "Let's be clear: the lifting of the Title 42 health order does not mean that our border is open. In fact, it is quite the opposite. Our use of our immigration enforcement authorities under Title 8 of the U.S. Code means harsher consequences for people who cross the border illegally," Mayorkas said at a press conference.
Specifically, Title 8 imposes a five-year entry ban on individuals who have been caught by authorities attempting to cross the border illegally. In case of non-compliance with the entry ban, individuals may face criminal prosecution.
