BAKERSFIELD, Calif. (KERO) — As the national covid emergency comes to an end, some rules that came along with the emergency declaration are also expiring. One of those rules is called Title 42, put in place during the pandemic to keep people seeking asylum out of the United States as a measure to slow the spread of covid 19.
Title 42 is not new. It's a public health rule that in 1944 gave health officials the power to deny immigrants access to our country to protect public health.
Win Eaton, an immigration attorney, says that while the rule might have been necessary during the height of the pandemic, it has lasted too long and is being used as a law enforcement tool.
"The people that I see in this office that make it into the United States are fleeing desperate circumstances," said Eaton.
Those circumstances, according to United Farm Worker Foundation Directing Attorney Ambar Tovar, include many where the people involved are in fear for their lives.
"Who were impacted by this policy who were forced to wait, basically expelled to Mexico, forced to live in squalor-like conditions at the southern border in made-up shelter camps and exposed to high incidence of violent attacks from criminal organizations at the southern border," said Tovar.
According to Tovar, Title 42 was originally enacted in March 2020 by the Trump administration during the height of the covid pandemic.
"It was meant to deter immigrants who are coming to our borders to seek their lawful right to asylum. What it did in practice was expel a huge number of immigrants at the southern border," said Tovar.
Eaton believes the rule should have expired before Thursday.
"Title 42 should have ended when the pandemic ended, when we no longer had a health crisis," said Eaton. "We're using it illegally as a law enforcement tool to give us the right to expel people from the United States or not let them enter."
Eaton adds that he believes this goes beyond a rule and border patrol agents.
"This is often dealt with as a law enforcement issue and it really is a humanitarian crisis," said Eaton.
While Title 42 is ending, Tovar says there are other rules being added by the Biden administration, some of which are already in place.
"Title 8 basically allows officials to subject individuals who are crossing the border without inspection to be expeditedly removed," said Tovar.
Tovar says along with the expedited removal, people can be barred from entering the country in the next 5 years without lawful status, and if they violate the rule, they can be subject to criminal prosecution.
Tovar and Eaton both say that is why there needs to be better immigration rules altogether.
"It's been more than 40 years since we have had any sort of comprehensive type of immigration laws to protect individuals," said Tovar. "Congress needs to act on this."
Eaton agrees.
"It needs to be dealt with. Congress needs to deal with it, and I shudder to think what it's going to look like if it goes on much longer," said Eaton.
On Thursday, the same day Title 42 expired, the U.S. House of Representatives passed a border security bill that would place new restrictions on asylum seekers entering the country, but the White House has already promised to veto that bill.
