May 2023 Immigration Update

The End of Title 42 

The pandemic ended Public Health Policy Title 42 ended earlier this month on Thursday May 11th. For clarity the summary of the rule from last months update has been reincluded.  

On April 27th 2023, The Biden-Harris administration announced a sweeping series of new actions and changes to DHS policy as part of the U.S. Government Adjustment to the end of Title 42 on May 11th, 2023. 

Changes of great note are include:

  • Imposing Stiffer Consequences for Unlawful Border Crossings
    • Rapid expulsion of all caught unlawfully crossing the border under Title 8 
    • 5-year ban of legal entry into the United States 
    • Banned from pursuing Asylum Claims 
  • Proposed Solutions to Limit Unlawful Crossings 
    • Expansion of Access to CBPOne phone application for asylum appointments 
    • Note: So far, the CBPOne app has mostly been nonfunctional or overwhelmed as reported by multiple independent Media outlets. Long term effectiveness of CBPOne as primary means of seeking asylum in the United States is questionable. 
  • Doubling of Refugee Admissions from Western Hemisphere 
  • Creation of a family reunification process through Humanitarian Parole for people from Honduras, Guatemala, El Salvador, and Colombia. 
    • Note: Similar programs have shown effectives in the short-term for migrants from Haiti, Venezuela, Nicaragua, and Cuba, however there has been strong Republican opposition to these programs and whether this would survive an administration change calls into question long-term viability 
  • Humanely Manage Migrant Flows with Partners 
    • Processing Centers in Latin American countries to process people’s claims before they arrive at the U.S Southern Border. First two facilities intended for Colombia and Guatemala
    • Note: This idea may help prevent the overwhelming problems at the U.S. Border long-term and could become an effective part of U.S. Immigration Policy, however there are legitimate concerns about government capacity to do this effectively and without violating due process.  
  • Increase anti-smuggling operations and increase deportations for quote “those with no lawful basis to stay in the United States” 
    • Note: The effects this will have in practice remain to be seen. Deportation numbers and apprehension and expulsion of migrants at the border are already at or near all-time highs. Punitive expulsion and deportation policies of shown little effectives in terms of dissuasion under any administration over the last few decades.  

What has happened since the End of Title 42? 

  • Unauthorized border crossings and individuals seeking asylum at the border have both gone down since Title 42 ended, likely because of the harsher penalties that the return of Title 8 means for those who cross the border. 
    • With people still waiting in Mexico and arriving in Mexico from Central and South America how long this acts as a deterrent remains to be seen. 
  • The long-term effects of the new asylum policies remain to be seen however the rules are being challenged in court by the ACLU. 
  • Border Apprehensions remain down more than 3 weeks out from the end of Title 42 
  • The State of Texas and Texas Attorney General Ken Paxton are suing the Federal Government over the use of the CBP One app to allow asylum seekers to get asylum appointments at ports of entry – Original Complaint.pdf (texasattorneygeneral.gov) 
    • The State of Texas is arguing that by providing this option that Federal government is encouraging people without a legal pathway to immigration to come to the United States 

Reparole for Afghan Nationals

    • Without this program tens of thousands of Afghan Allies would have been at risk of losing their legal status and work authorization 
    • To be clear this is NOT an automatic process, Afghans must apply for reparole either online or on paper starting in June 2023. 
      • Please visit the USCIS website to keep track of updates info on the full process if you need to apply for reparole or are assisting someone applying for reparole 

Updates on Parole Processes for Cubans, Venezuelans, Nicaraguans, and Haitians 

Secure the Border Act of 2023 – The GOP border bill introduced in April

  • Passed House of Representatives 
  • Similar legislation being considered in the United States Senate 

Santos-Zacaria v Garland 

Explore Previous Immigration Updates