The Department of Homeland Security (DHS) continues to prepare for the eventual end of Title 42 by enacting tougher border restrictions and establishing a new parole process for some foreign nationals.
Based on the parole programs that DHS previously established for Ukrainian and Venezuelan nationals in October 2022, the agency has announced a similar pathway to enter the country for nationals of Cuba, Haiti, and Nicaragua. The program also will continue for Venezuelan nationals. Up to 30,0000 qualifying individuals from each country per month will be accepted to enter the U.S. without appearing at the border. However, individuals who fail to use the approved process and attempt to enter the U.S. without authorization will be returned to Mexico and will not qualify for further relief.
Through an online process, nationals of these countries can apply for advance authorization to come to the U.S. on a temporary grant of parole for up to two years, including employment authorization. Applicants must pass rigorous biometric and biographic national security public safety screening and vetting to be eligible for admission under the program. The individuals also must have a financial sponsor in the U.S. to support them and complete vaccinations and other public health requirements. Supporters also must pass security background checks to guard against potential exploitation and abuse.
DHS is expanding the usage of the CBP One mobile app to promote safety and orderliness at the border. For example, noncitizens seeking an exception to Title 42 for humanitarian reasons can schedule a time via the app to appear at a port of entry. This process will replace the current procedures, which require individuals to submit requests through third-party organizations near the border. Furthermore, those that utilize the app and are authorized to enter the country generally will be granted work authorization during their stay.
In the meantime, the Biden administration will continue to keep Title 42 in effect, as per the order of the U.S. Supreme Court and a separate district court injunction prohibiting termination of the public health order by the Centers for Disease Control and Prevention (CDC). Therefore, those who attempt to cross the border without authorization or are found inside the border without authorization will be promptly expelled via Title 42.
If an individual seeks an exception to Title 42 for humanitarian reasons, CBP will process them under Title 8, which entitles them to an interview with an asylum officer. If the asylum officer determines during the interview that the individual does not claim a fear or has no credible fear of persecution or torture, they are subject to expedited removal. DHS intends to commit additional resources to expedited removal in terms of more rapidly processing individuals with asylum applications and working with the State Department and other countries in the region to increase repatriation.
DHS and the U.S. Department of Justice (DOJ) also intend to issue a proposed rule of rebuttable presumptive ineligibility for asylum for any foreign nationals who fail to use available authorized pathways to migration and fail to seek asylum in other countries through which they traveled to reach the U.S. This presumption will be subject to certain exceptions. Those ineligible for asylum under the proposed rule would be subject to a five-year ban on admission under Title 8 and possible criminal prosecution should they reenter or attempt to reenter.
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