What is Title 42? What it is, why it ended and what that means for the US.

Debates over American border policy have become increasingly fraught in recent years. On either side of the aisle, leaders seem to agree there is an issue to address, but differ drastically on the "how."

Democrats call for comprehensive immigration reform that creates a more accessible legal pathway to citizenship. Republicans opt for a more security-focused approach to the border, arguing that an influx of migrants is unsustainable and places an unreasonable burden on law enforcement and schools in the United States.

Title 42, a public health statute turned border security measure, has become a lightning rod for these tensions.

Here's what to know about its recent expiration and how the Biden Administration is responding.

What is Title 42?

Title 42 refers to the emergency powers invoked during the coronavirus pandemic that have restricted migrant crossings at the southern border.

Part of a decades-old public health law, Title 42 has allowed for the swift rejection of many migrants at the U.S.-Mexico border over the past three years. Instated in March of 2020 by former President Donald Trump, the rule allowed officials to turn migrants, including asylum seekers, away in order to prevent the spread of COVID-19.

Additionally, under Title 42, migrants could no longer seek asylum after crossing the border illegally, a practice long permitted in the U.S. Instead, they were turned back either to Mexico or to their country of origin, depending where they were immigrating from originally. The argument was that keeping migrants in federal facilities at the border could worsen the spread of the disease.

Title 42's impact at the border A closer look at the numbers

Why is Title 42 ending now?

While President Joe Biden initially kept Title 42 in place, in April 2022 the administration attempted to halt its use. A number of Republican states sued, countering that it was an essential measure for border security, and the policy’s status was caught in legal limbo for months.

However, in January, Biden announced that his administration planned to end the national COVID-19 emergency, effectively circumventing the lawsuit and leaving Title 42 to expire.

The border after Title 42 When Title 42 expires, will migrants be prosecuted for crossing border illegally?

What does Title 42 expiring mean?

Title 42 officially expired at 11:59 p.m. ET on May 11.

Though technically Title 42's end lifts a previous restriction for migrants, and many began waiting in Mexico for this reason, crossing the southern border has not suddenly become a walk in the park.

The Biden administration put in place a series of border policies meant to de-incentivize illegal crossings, which some worried would surge after Title 42's expiration. The numbers of crossings do not so far point to a large increase in migrants entering the U.S., the Department of Homeland Security reports.

The new policies includes strict new rules for asylum seekers and harsh penalties for those that cross illegally.

“Our overall approach is to build lawful pathways for people to come to the United States and to impose tougher consequences on those who choose not to use those pathways,” Homeland Security Secretary Alejandro Mayorkas said of the new policy.

Some advocacy groups are not convinced, however. The American Civil Liberties Union joined others in filing a lawsuit against one of the Biden administration's new policies in federal court, alleging it was a violation of asylum law. “The asylum bans were cruel and illegal then, and nothing has changed now.” Katrina Eiland, managing attorney with the ACLU Immigrants’ Rights Project said in a statement.

What do border crossings look like after Title 42?

While Title 42’s end marks the elimination of one quick way to turn migrants away, it does not mean the immigration process is now easy, or straightforward.

New rules from the Biden administration mean asylum seekers that arrive at the border must have applied online or prove that they sought asylum first in one of the other countries they traveled through. Many of the migrants crossing the southern border are not native to Mexico, and instead have fled violence or difficult economic conditions in other countries and made the pilgrimage with hopes of crossing over to the U.S.

Those who crossed illegally prior to Title 42 were allowed to seek asylum after the fact. While their cases were being processed in immigration court, which can take years, they were often released.

Title 42 upended that process, and Biden’s new restrictions are set to do the same. Under new regulations, migrants who cross illegally will be barred from returning to the border for 5 years and may face criminal prosecution if they do.

The U.S. has signaled it will accept up to 30,000 migrants from Venezuela, Haiti, Nicaragua, and Cuba per month as long as they arrive by air, have a sponsor and have applied online first. Up to 100,000 migrants will be accepted from El Salvador, Guatemala, and Honduras if they have family in the country and apply online, the Associated Press reports.

The online application is through an app called CBP One. The digital approach may provide challenges though, as reports emerge the app can be flawed and is predicated on internet access, which is not universal.

Did Title 42 get reinstated?

No, despite an effort from Republican states to keep Title 42 instated, it was allowed to expire once the COVID-19 state of emergency was lifted.

Because Title 42 is technically a public health statute, without a public health emergency it has no bearing.

When was Title 42 written?

Title 42 was signed into law originally as part of the Public Health Service Act of 1944. It stipulates that federal authorities can deny the entry of both people and products to the country in order to limit the spread of disease.

Title 8 vs Title 42

While Title 42 is officially a public health statute, Title 8 directly deals with immigration. Upon the expiration of Title 42, the Biden Administration vowed to return to enforcing Title 8.

Title 8 is the section of the U.S. Code entitled "Aliens and Nationality" and contains all of the country's immigration laws. It instructs border patrol agents on who can enter the country, who is eligible for a visa or to seek asylum and what the penalty is for entering illegally.

What is Title 8? What to know about the nation's immigration law and border enforcement

This article originally appeared on USA TODAY: What is Title 42? What to know about the expired border policy.