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San Diego immigration attorney explains what happens when Title 42 ends

Posted at 8:26 AM, May 09, 2023
and last updated 2023-05-09 12:57:55-04

SAN DIEGO (KGTV) — As the end of Title 42 inches closer, all eyes are on the southern border as federal agents, nonprofits, and immigration attorneys brace for what’s to come.

For weeks, migrants from around the world have set up camp just south of the U.S.-Mexico border, hoping to make their asylum claim once the policy ends.

When Title 42 ends late Thursday, the border policy reverts back to what was in place before the COVID-19 pandemic, Title 8, which means vetting people for asylum.

If the individuals pass a credible fear interview by border agents, they’ll make their case before a judge at a future court date.

If they don't pass the vetting process for asylum, immigration attorney Jacob Sapochnick said the migrants will be inadmissible.

"Those that are not going to qualify, they’re going to go through expedited removal (deportation) now," said Sapochnick.

Unlike Title 42, this removal comes with a legal consequence, a ban of at least five years from the country.

Sapochnick said his office is already getting an increase of calls from migrants asking for help, many with incorrect information who think May 11 means they can come into the country.

The migrants claim presenting themselves at the ports of entry is their only hope.

Like Customs and Border Protection, Sapochnick said he’s telling migrants calling his office to not present themselves at the port of entry and instead use the CBP One app to apply for asylum first, an app the migrants say has numerous problems.