Migration and Borders:
Expanding Lawful Pathways +
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
- Explicación del sistema migratorio de los EE.UU (En espaňol)
- Eksplikasyon sou sistèm Imigrasyon Ameriken An (Lu an Kreyòl)
Title 42 Public Health Order vs. Title 8 Enforcement Consequences
- La Órden de salud pública bajo el Título 42 vs las consecuencias de la ley bajo el Título 8 (En espaňol)
- Òdonans Sante Piblik Tit 42 a vs. Konsekans aplikasyon Tit 8 la (Lu an Kreyòl)
To learn more about how DHS is securing our border, visit "Border Security."
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.
- May 11, 2023: Secretary Mayorkas Remarks at a White House Press Briefing Ahead of the Lifting of the Title 42 Public Health Order (Video)
- May 10, 2023: Secretary Mayorkas Remarks at a Media Availability Outlining Planning and Operations Ahead of the Lifting of the Title 42 Public Health Order (Video)
- May 7, 2023: Secretary Mayorkas and CBP Leadership Remarks at a Press Conference at Camp Monument in Brownsville, TX (Video)
- April 28, 2023: Secretary Mayorkas and Secretary of State Blinken Remarks at a Press Conference, April 27, 2023 (Video)
- May 31, 2023: ICE Conducts Removal Flights May 31 | ICE.gov
- May 30, 2023: ICE Conducts Removal Flights May 30 | ICE.gov
- May 25, 2023: ICE Conducts Removal Flights May 23-25 | ICE.gov
- May 19, 2023: ICE Conducts Removal Flights May 19 | ICE.gov
- May 18, 2023: ICE Conducts Removal Flights May 18 | ICE.gov
- May 17, 2023: ICE Conducts Removal Flights May 17 | ICE.gov
- May 17, 2023: CBP Releases April 2023 Monthly Operational Update | CBP.gov
- May 15, 2023: ICE Conducts Removal Flights on May 15 | ICE.gov
- May 12, 2023: ICE Conducts Removal Flights on May 12 | ICE.gov
- May 12, 2023: Title 42 Termination Does Not Alter Maritime Migration Policies | USCG.mil
- May 11, 2023: Statement by Homeland Security Secretary Alejandro N. Mayorkas Regarding Immigration Enforcement Efforts
- May 11, 2023: ICE Adds Thousands of Accessible Detention Beds | ICE.gov
- May 11, 2023: Fact Sheet: Circumvention of Lawful Pathways Final Rule
- May 11, 2023: ICE Announces Additional Enforcement, Removal Actions | ICE.gov
- May 10, 2023: DHS and DOJ Finalize Rule to Incentivize Use of Lawful Immigration Pathways
- May 10, 2023: DHS Launches Digital Ad Campaign to Counter Smuggler Lies
- May 10, 2023: Fact Sheet: Additional Sweeping Measures to Humanely Manage Border
- May 10, 2023: ICE Announces New Process for Placing Family Units in Expedited Removal | ICE.gov
- May 8, 2023: DHS to Conduct Enforcement Operation in El Paso, Texas | CBP.gov
- May 5, 2023: CBP Makes Changes to CBP One™ App | CBP.gov
- May 5, 2023: Emergency Food and Shelter Program National Board Allocates Over $300 Million to Local Communities for Humanitarian Support
- May 3, 2023: DHS, ICE continue to conduct removal flights weekly | ICE.gov
- May 1, 2023: DHS Statement on the Lifting of Title 19 Requirements
- May 1, 2023: Fact Sheet: Update on DHS Planning for Southwest Border Security Measures as the Title 42 Public Health Order Ends
- April 27, 2023: DHS Conducts Dozens of Removal Flights Every Week
- April 27, 2023: Fact Sheet: U.S. Government Announces Sweeping New Actions to Manage Regional Migration
- April 17, 2023: CBP Releases March 2023 Monthly Operational Update | CBP.gov
- April 14, 2023: CBP Announces Solicitation for NII Anomaly Detection Algorithm | CBP.gov