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Migration and Borders: Expanding Lawful Pathways + Enhanced Enforcement

Migration and Borders:

Expanding Lawful Pathways +
Enhanced Enforcement

 

When the CDC's Title 42 public health Order lifted at 11:59 p.m. ET on May 11, the United States returned to fully enforcing Title 8 immigration authorities to expeditiously process and remove individuals who arrive at the U.S. border unlawfully and do not have a legal basis to stay.  

These decades-old authorities carry steep consequences for unlawful entry or irregular entry, including at least a five-year bar on admission and potential criminal prosecution for repeat violators. Individuals who cross into the United States at the Southwest Border without authorization or having used a lawful pathway, and without having scheduled a time to arrive at a port of entry, would be presumed ineligible for asylum under a new proposed regulation, absent an applicable exception.

Enforcement of immigration laws under Title 8 is expected to reduce the number of repeat border crossings over time, which increased significantly under the Title 42 public health Order, since it did not allow for legal consequences.

Smugglers will continue to spread lies to lure migrants into irregular migration, placing a strain on our immigration system, our communities, and our dedicated workforce. In contrast, the following official U.S. government resources provide accurate information on how our immigration system works, and how we are expanding lawful pathways, coupled with enhanced enforcement, to reduce irregular migration and ensure safe, orderly, and humane management of our borders and our immigration system.

The U.S. Immigration System: Explained

Title 42 Public Health Order vs. Title 8 Enforcement Consequences

Caption: <p>This graphic shows differences in the enforcement consequences between Title 42 and Title 8.</p>
This graphic shows differences in the enforcement consequences between Title 42 and Title 8. | View Original

To learn more about how DHS is securing our border, visit "Border Security."

 

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Screenshot of the CBP One app

This Administration has expanded lawful pathways, including expanding access to the CBP One™ App to present at a U.S. Port of Entry. When the Title 42 public health Order lifts, migrants located in Central and Northern Mexico will have access to the CBP One™ mobile application to schedule an appointment to present themselves at a port of entry rather than trying to enter between ports. CBP One™ will make additional appointments available, and the use of this tool will enable safe and orderly processing at U.S. ports of entry.

 

DHS is creating new family reunification parole processes for certain nationals of El Salvador, Guatemala, Honduras and Colombia. The agency is also modernizing existing family reunification parole processes for certain nationals of Cuba and Haiti. These processes, once finalized, 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 to travel for those approved and vetted. Individuals paroled into the U.S. under these processes would be eligible to apply for work authorization.

Last Updated: 03/18/2024
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