Editor’s Note: This article has been corrected to distinguish U.S. Customs and Border Protection’s processes involved in Title 8 enforcement versus Title 42 enforcement.

McALLEN, Texas (Border Report) — The Biden administration appears to be shifting its strategy for how it processes migrants encountered at the southern border.

Figures for the past several months show a drop in migrants expelled to Mexico under the Title 42 health orders. On the other hand, there has been an increase in those processed under Title 8, which might or might not result in deportation.

According to the U.S. Customs and Border Protection website, Title 8 enforcement includes apprehensions and “inadmissible.” Inadmissibles are individuals encountered at ports of entry who are seeking lawful admission into the United States but are determined to be inadmissible; individuals presenting themselves to seek humanitarian protection under U.S. laws; and individuals who withdraw an application for admission and return to their countries of origin within a short timeframe.

Apprehensions refer to the physical control or temporary detainment of a person who is not lawfully in the U.S., which may or may not result in an arrest. That means people processed under Title 8 can be held in immigration detention facilities or released on parole pending the outcome of their immigration cases. In many cases, it’s a process that can take years.

Unlike Title 8, migrants processed under Title 42 are immediately expelled to Mexico.

CBP data for October 2022 shows that 76,402 migrants were expelled to Mexico under Title 42 — the public health initiative re-enacted under the Trump administration to stop the spread of COVID-19 across borders.

In contrast, there were 127,871 migrants processed under Title 8 in October.

According to a Border Report analysis, The switch from citing Title 42 to Title 8 to those encountered at the Southwest border began in March 2022. That month, border agents encountered about 101,000 migrants at the Southwest border and processed them under Title 8; and immediately returned 109,000 to Mexico under Title 42. That represented a significant increase from 68,000 processed under Title 8 in February 2022, according to CBP data.

And from there, month by month, more migrants have been processed under Title 8 and fewer under Title 42.