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Title 42: What immigration lawyers say about the next steps


Migrants who had crossed the Rio Grande river into the U.S., remove their shoelaces and others personal items while under custody of National Guard members as they await the arrival of U.S. Border Patrol agents in Eagle Pass, Texas, Friday, May 20, 2022. (AP Photo/Dario Lopez-Mills)
Migrants who had crossed the Rio Grande river into the U.S., remove their shoelaces and others personal items while under custody of National Guard members as they await the arrival of U.S. Border Patrol agents in Eagle Pass, Texas, Friday, May 20, 2022. (AP Photo/Dario Lopez-Mills)
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As Title 42 continues to be the biggest discussion on the border, it's still in legal limbo with the Biden Administration.

Two Immigration attorney's weighed in on what they believed is next to come after a Federal judge issues a ruling to keep Title 42 in place.

Title 42, a pandemic-made health and safety order allows immigration officials to turn people away. Immigration Attorney Lance Curtright from De Mott, McChesney, Curtright & Armendariz LLP, believes Title 42 keeps people from seeking asylum and in turn, causes more illegal crossings.

"So this is a very wrongheaded law that needs to be rethought," says Curtright, "and again if people want to change the law of the congress and the way to do it, not this misapplication of a health and safety law."

Curtright believes the Biden Administration will keep fighting the courts to lift Title 42. He said it's possible it could make its way up to the Supreme Court.

Another Texas Immigration Attorney, Amy Maldonado says the legal battle could take several months.

"I think the Biden Administration is able to say, 'oh look we tried to un-title 42. It's not our fault, it's the courts,' and punt this issue past the elections."

Maldonado says she is encouraged that the administration affirmed Title 8 processing, which allows migrants the chance to make their case to actually stay in the United States. She does not believe that the administration will appeal aggressively though.

Bottom line, lawyers say it truly will be a case by case basis for each migrant, as the federal government and the courts decide how to move forward.

Since March 2020, when Title 42 began, the U.S. expelled almost 2 million migrants at the border.

For Lance Curtright's full interview:

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