The End of Title 42: What It Means for Border Control in 2023

On April 27, 2023, the Department of Homeland Security (DHS) and the Department of State (DOS) announced new measures to reduce unlawful migration, expand lawful pathways for protection, and facilitate the safe, orderly, and humane processing of migrants. These measures come after a long period of debate and planning to address the challenges at the U.S.-Mexico border when there is the end of Title 42, which was implemented in March 2020 to prevent the spread of COVID-19.

The new measures announced by DHS and DOS include a range of policies that will be implemented in coordination with regional partners to manage migration flows. Among the measures are imposing harsher consequences for failing to use lawful pathways, expanded access to the CBPOne app, new family reunification parole processes, and increasing the number of refugees from the Western Hemisphere. Additionally, the United States will collaborate with partners across the Western Hemisphere to open Regional Processing Centers to facilitate access to lawful pathways.

The transition back to Title 8 processing for all individuals encountered at the border will be effective immediately at the end of Title 42. Individuals who cross into the United States at the southwest border without authorization or without having scheduled a time to arrive at a port of entry will be presumed ineligible for asylum under a new proposed regulation, absent an applicable exception. In addition, those who are found to have unlawfully entered the U.S. will face steep consequences, including at least a five-year ban on reentry and potential criminal prosecution for repeated attempts to enter unlawfully. The proposed measures are aimed at reducing the number of repeat border crossings over time, which DHS states has increased significantly under Title 42.

Moreover, 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. Despite these measures DHS urges congressional action to fully manage the migration challenge. A comprehensive and long-term solution to immigration reform is still necessary to ensure a fair and humane process for individuals coming to the United States.

Lalama Immigration Law has the knowledge and experience to provide you with the guidance and support you need with your immigration case. Whether you are seeking asylum, citizenship, a green card, or would like additional information regarding the end of Title 42, please contact our office to schedule a free consultation.