The Department of State and Department of Homeland Security (DHS) have announced new measures to reduce unlawful migration across the Western Hemisphere while expanding lawful pathways for protection and facilitating safe and humane processing of migrants.
The temporary Title 42 public health order will come to an end on May 11, 2023. The lifting of the Title 42 order does not mean the border is open, and the United States will return to using Title 8 immigration rules to expedite processing and removal of individuals who arrive at the U.S. border unlawfully. These rules carry steep consequences for unlawful entry, including at least a five-year ban on reentry and potential criminal prosecution for repeated attempts to enter unlawfully.
The proposed new regulation states that individuals who cross into the United States at the border without authorization, without having scheduled a time to arrive at a port of entry, or without using a lawful pathway, would be presumed ineligible for asylum, absent an applicable exception.
To expand lawful pathways, the United States is announcing the following measures:
Expanded Access to the CBPOne App to Appear at a U.S. Port of Entry: Migrants located in Central and Northern Mexico will have access to the CBPOne mobile application to schedule an appointment to present themselves at a port of entry rather than trying to enter between ports. CBPOne will make additional appointments available, and the use of this tool will enable safe, orderly, and humane processing.
New Family Reunification Parole Processes: DHS is creating new family reunification parole processes for El Salvador, Guatemala, Honduras, and Colombia. The agency is also modernizing existing family reunification parole processes for Cuba and Haiti. These processes will allow vetted individuals with already approved family-based petitions to be paroled into the United States, on a case-by-case basis. The U.S. Government will deliver timely and efficient authorization for those approved and vetted to travel. Individuals paroled into the U.S. under these processes would be eligible to apply for work authorization.
In addition, the United States will continue to accept up to 30,000 individuals per month from Venezuela, Nicaragua, Cuba, and Haiti as part of the expanded parole processes announced earlier this year. Encounters at the border for these nationalities decreased significantly when DHS expanded the parole programs. The United States will also continue to utilize available authorities to strengthen and expand additional lawful pathways.
More instructions and guidelines about these measures will be announced by May 11th, providing more details about the expanded access to the CBPOne App, new family reunification parole processes, and other lawful pathways.
Stay tuned for more information as it becomes available!
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