NewsState

Actions

Here's what the ending of Title 42 means for migrants in Florida

'Anyone who has already entered the United States will not be impacted,' Renata Castro, an immigration attorney from South Florida, says
Migrants.jpeg
Posted at 8:50 PM, May 11, 2023
and last updated 2023-05-11 21:04:34-04

It's a measure known by many.  

Since its inception in 2020, according to U.S. Customs and Border Patrol, agents have turned away migrants at our southwest borders more than 2.7 million times.  

It was under the claim of Title 42, a pandemic-era immigration law aimed at stopping health risks from coming into the U.S. from other countries.  

"Anyone who has already entered the United States will not be impacted," shared Renata Castro, an immigration attorney from South Florida. "Those who are entering the United States or on their way to entering, those will be the individuals most likely impacted by these changes." 

She explained moving forward, things will be business as before, now under the regulations of Title 8. It was the law that was in place prior to 2020.  

State

Border Patrol agents in South Fla. prepare for possible influx of migrants

Kate Hussey
6:44 PM, May 11, 2023

Instead of being turned away for the betterment of public health, a migrant will now schedule an appointment date, come to our border and ask for asylum protection. Migrants are then vetted through what is called a "Credible Fear Interview" before being able to petition to remain in the U.S.  

What Castro believes we may see is more people being turned away but only because immigration authorities will become stricter as more migrants are anticipated at ports of entry.  

"In states like California, you probably have a state average of approvals of about 45-50% of asylum petitions in immigration courts," Castro stated. "In the state of Florida, the average denial rate is over 85%."

The Department of Homeland Security said Wednesday that Title 42 lifts Thursday night.  

They made it clear, stating:  

"Individuals who cross into the United States at the Southwest Border without authorization or without having used a lawful pathway, and without having scheduled a time to arrive at a port of entry, will be presumed ineligible for asylum, absent an applicable exception. If removed, they will be barred from re-entry for at least five years and subject to potential criminal prosecution for repeated attempts to enter unlawfully."

DHS also said migrants must try and claim asylum in other countries before making their way to the U.S. If not, they could be turned away. The only country this does not apply to is Mexico.

In Florida on Wednesday, Gov. Ron DeSantis signed a new immigration bill into law.

It included tougher penalties for those who knowingly hire or transport undocumented in the state. The governor said it's Florida's job to combat "Biden's Border Crisis."  

"Where is this president's energy?" DeSantis said at the bill signing event. "Where is his vigor? Where is his commitment to the cause? He's just sitting around doing nothing…"

However, the White House shared this statement in response:  

"We're stepping up enforcement to quickly and humanely remove individuals who try to enter the United States unlawfully.  Governor Desantis wants to fly them and their children to cities up north with no sense of where they are going or why.  The governor isn’t interested in solving this problem.  He just wants to make it worse by pulling political stunts."  

Meanwhile, at the start of this year, Secretary Alejandro Mayorkas announced a new policy where migrants from Nicaragua, Cuba, Venezuela and Haiti would be able to enter the U.S. if they had an eligible sponsor because of the political unrest in those countries.  

That is still ongoing, accepting 30,000 migrants a month.