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The program allows U.S. Customs and Border Protection (CBP) to prohibit the entry of persons who potentially pose a health risk by being subject to previously announced travel restrictions or by unlawfully entering the country to bypass health-screening measures.
Noncitizens who do not establish a legal basis to remain in the United States will: be promptly removed to their home country or a third country, face at least a 5-year bar on re-entry, and. confront possible criminal charges for a subsequent unlawful reentry.
That meant a return to Title 8, which allows migrants to apply for asylum but also leads to formal deportations to country of origin for those who do not qualify, and the possibility of criminal prosecution for a second entry during a five-year period. What Does the End of Title 42 Mean for U.S. Migration Policy? carnegie.org our-work article what-do carnegie.org our-work article what-do
Asylum seekers and other migrants arriving at U.S. borders without prior authorization to enter were expelled nearly 3 million times during the life of the Title 42 pandemic-era order, which was in effect from March 2020 until May 2023.
Title 42 of the United States Code includes numerous sections dealing with public health, social welfare, and civil rights, but, in the context of immigration, the phrase Title 42 came to be used to refer specifically to expulsions under section 265.
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If Title 42 does end with the national emergency, as appears likely, the U.S. government will revert back to normal immigration law at the border, sometimes referred to as Title 8 for the section in the U.S. Code. That means migrants will no longer be expelled without processing.

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