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Title 42 Scheduled to End

New York asylum seekers

Help for New York Asylum Seekers

A pandemic-era immigration rule, Title 42, is set to end on May 23, 2022, unless a judge issues a stay before then. This rule dates from the former Trump administration and allows immigration officials to summarily deport migrants without due process. Under this rule, the Department of Homeland Security has also enforced the “Remain in Mexico” policy, under which would-be refugees have been forced to wait in Mexico for their cases to be heard in U.S. immigration court. If Title 42 expires on May 23rd, officials in Texas are expecting a flood of migrants and are taking steps to try to handle the influx of people who might otherwise be left on the streets. People who are released into the U.S. and come to New York as New York asylum seekers should work with an experienced New York immigration lawyer at Oltarsh & Associates. We can help you gather supporting documents for your asylum claim and help with other immigration issues.

Surge of Migrants Expected

If Title 42 is lifted, the Texas County of El Paso has stated it will declare a state of emergency to handle the expected surge of migrants and asylum seekers. When people present themselves to immigration authorities at the border and request asylum, they will be released into the U.S. if they are judged to have a credible fear of serious harm if they were returned to their originating countries. Similarly, the City of El Paso is considering declaring its own emergency declaration to try to secure additional funds so that the city and county can open more shelters for the expected influx of migrants. The City Council is planning to vote on the measure soon, and it will be submitted to the El Paso mayor for approval if the Council votes in favor of the declaration.

Both the city and county are considering emergency declarations because they would make them eligible for federal funds to open more shelters. Currently, the existing shelters in El Paso City and El Paso County are near capacity. El Paso is the sixth-largest city in Texas and is home to one of the nation’s busiest border crossings. Many asylum seekers have already begun to flood into El Paso, and more than 100 were recently released on the streets when the shelters ran out of housing space. Immigration advocates in El Paso are concerned that families with children could wind up on the streets of the city if additional shelters aren’t soon opened.

Legal Action

Following the Biden administration’s announcement that it would end Title 42 following a recommendation from the U.S. Centers for Disease Control and Prevention (CDC), 24 states filed a lawsuit seeking a nationwide injunction to block the government from ending Title 42 to allow for the continued expulsion of asylum seekers. The federal judge assigned to the case has said that he will issue a ruling by May 23, but his decision could come sooner.

Title 42 is a health policy meant to curb the spread of COVID-19 from infected immigrants from spreading the disease. To date, Title 42 has been used by the federal government to prevent around 1.7 million migrants from entering the southern border. El Paso officials state that approximately 60% of those who have tried to enter the U.S. at the southern border have been expelled under Title 42, so they are expecting a wave of people crossing into the U.S. once it is lifted.

The U.S. has allowed people to request asylum at the border for decades and then to wait inside of the U.S. for their cases to be heard in the immigration courts. Asylum seekers who are waiting for their cases to be heard are allowed to work during the interim. Title 42 has been fiercely criticized by immigration advocates because of potential human rights issues involved with expelling migrants with valid asylum claims without providing them with an opportunity for a hearing.

Get Help from Oltarsh & Associates

New York asylum seekers who are waiting for their cases to be heard in the immigration courts should speak with the experienced immigration attorneys at Oltarsh & Associates. Our firm has represented people in immigration matters for more than 50 years. Call us today for help with immigration issues at (212) 944-9420.

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