Title 8

Title 8 of the United States Code is the body of federal law that governs immigration and nationality in the United States. It contains the Immigration and Nationality Act (INA), the foundational statute that defines the rules for entering, remaining in, and being removed from the country. Virtually every aspect of the immigration system — from visa categories to removal proceedings to naturalization — is rooted in Title 8.

Title 8 establishes the categories of immigrants and nonimmigrants, sets annual visa limits, defines the grounds for inadmissibility and deportability, creates the asylum system, authorizes the immigration court system, and outlines the naturalization process. The INA, originally enacted in 1952 and substantially amended many times since, is the core statute within Title 8.

In the context of immigration enforcement, "Title 8" is often used to distinguish standard immigration processing from other authorities. During the COVID-19 pandemic, the government relied on Title 42 — a public health authority — to expel migrants at the border without standard immigration procedures. The distinction between Title 8 and Title 42 processing became a major policy flashpoint: Title 8 processing involves formal immigration proceedings with access to asylum and other protections, while Title 42 allowed rapid expulsion without such opportunities.

With the end of Title 42 on May 11, 2023, all border processing reverted to Title 8 authority. Under Title 8, individuals who are apprehended or who present themselves at ports of entry are processed through the standard immigration system — which may include credible fear interviews, issuance of Notices to Appear, and placement in removal proceedings before immigration judges.

Title 8 also establishes criminal penalties for immigration violations, including illegal entry (a misdemeanor) and illegal re-entry after removal (a felony), bridging the immigration and criminal justice systems.