How Will the End of Title 42 Impact Immigration to the U.S.?

The Department of Homeland Security (DHS) announced new border enforcement measures in preparation for the end of the Title 42 public health order. This order has been the subject of multiple court orders, and its termination will result in the processing of all noncitizens under the Department’s Title 8 immigration authorities. The new measures aim to enhance border security, limit irregular migration, and create safe and orderly processes for people fleeing humanitarian crises to come to the United States lawfully.

Immigration Enhancements for the End of Title 42

CBP One App Scheduling Functionality

The CBP One app will provide a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, facilitating safe and orderly arrivals. This will be used initially for those seeking an exception from the Title 42 public health order. Once the Title 42 order is no longer in place, CBP One will ensure safe and orderly processing at ports of entry.

Expedited Removal Processes

DHS is increasing and enhancing the use of expedited removal under Title 8 authorities for those who cannot be processed under the Title 42 public health order. These efforts include surging personnel and resources and enrolling individuals under the asylum processing interim final rule published in March 2022.

As a complement to these efforts, and in response to the unprecedented surge in migration across the hemisphere, DHS and the Department of Justice (DOJ) intend to shortly issue a proposed rule that will, subject to public comment, incentivize the use of the new and existing lawful processes available in the United States and partner nations. This proposed rule will place certain conditions on asylum eligibility for those who fail to do so. DHS will continue to monitor developments on the southwest border and will accelerate or implement additional measures, as needed, consistent with applicable court orders.

Expanded Humanitarian Parole Opportunities

Building upon the success of Uniting for Ukraine and the process for Venezuelans, today’s announcement establishes similar humanitarian parole processes for Cuban, Haitian, and Nicaraguan nationals who face unique challenges in their home countries. These processes provide a lawful and streamlined way for qualifying nationals of these countries to apply to come to the United States without having to make the dangerous journey to the border. Through a fully online process, individuals can seek advance authorization to travel to the United States and be considered for a temporary grant of parole for up to two years, including employment authorization.

The expansion of the Venezuela humanitarian parole process to Cuba, Haiti, and Nicaragua is contingent on the Government of Mexico’s willingness to accept the return or removal of nationals from those countries. It is also responsive to a request from the Government of Mexico to provide additional legal pathways for migrants. It also advances both countries’ interests in addressing the effects throughout the hemisphere of deteriorated conditions in these countries.

Individuals who enter the United States, Mexico, or Panama without authorization following this announcement will generally be ineligible for these processes. These processes will allow up to 30,000 qualifying nationals per month from all four countries to reside legally in the United States for up to two years and receive permission to work here during that period.

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