Southern Border, Title 42,
Removal Proceedings
The American Immigration Council hosted the first of their "The Reality at the Border" three-part webinar series in which their team shared insights from recent trips to the border, where they interviewed migrants and spoke with local organizations to uncover the nuances of the current situation. Watch the recording here.
The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview: The new program, formally known as the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), allows certain people from these four countries who meet certain requirements, including having a sponsor in the U.S. and passing a background check, to come to the U.S. for a period of two years to live and work lawfully through “humanitarian parole.
The American Immigration Council has updated its fact sheet providing information about CBP One. The update includes new information about CBP’s changes to the process for scheduling appointments with the app. CBP One now allows individuals to register for appointments during a twenty-three hour period.
USCIS Changes Processes for Parole Programs Amid High Demand: On May 17, U.S. Citizenship and Immigration Services (USCIS) tweaked its review process amid high demand for parole programs that allow Cubans, Haitians, Nicaraguans, and Venezuelans to find a U.S.-based sponsor and reach safety in the U.S. The parole processes let up to 30,000 people come to the U.S. each month — but the number of supporters applying for those available slots "is significantly higher," per USCIS. So now, the agency will select about half of the monthly total of applications at random, while the rest will be adjudicated on a first-come, first-served basis.
What is Title 8 immigration law? Authorities will now rely more heavily on immigration law as defined under Title 8 of the U.S. Code. The law outlines processes for deportation and carries strict penalties, including five- and 10-year bans on reentry for those deported.
End of Title 42 Resources:
Title 42 is gone. What are the new rules for asylum seekers? President Biden has set up new rules to offer both legal pathways to residency and punitive measures for those crossing the border. Legal challenges favoring more or less immigration will determine how long those rules stay in place. How will migrants plan their journey to the U.S. under a new set of rules? NPR 1A discusses all of this with the mayor of a border town, an immigration law expert, an immigration reporter, and a Colombian asylum seeker.
Refugee Matters: End of Title 42: Join We Are All America, #WelcomeWithDignity and Refugee Congress for this Refugee Matters episode discussing the end of Title 42, updates and what to expect after May 11. Guest speakers will share their experiences, discuss the Welcome Wednesdays efforts to uplift stories of welcome happening across the country, and what people can do to welcome people seeking asylum in their communities.
Regional Processing Centers and the End of Title 42: The approach for when the Title 42 border expulsions policy is lifted on May 11 has three central tenets: (1) identifying more of those with humanitarian protection needs before they reach the border; (2) expanding access to lawful pathways for legal entry, including employment-based visas, family reunification, and sponsorship; and (3) creating a more orderly process at the border itself that restores credibility in the immigration system.
The End of Title 42 Might Be Chaotic, But It Doesn't Have to Be Confusing. Here's What You Should Know: The answer to “what comes after Title 42?” is still taking shape. But the broad contours are in place: a return to stricter federal enforcement penalties, coupled with efforts to shove as many asylum seekers as possible through an abbreviated and likely restricted asylum process.
Fact Sheet: U.S. Government Announces Sweeping New Actions to Manage Regional Migration: Learn more about how the government plans to process migrants at the southern border following the end of Title 42 on May 11.
End of the COVID-19 Public Health Emergency: Four Changes That May Impact Your Clients: The end of the Public Health Emergency is likely to impact the clients you serve. This blog post shares four key changes you should know about and ways you can help clients prepare.
How to use the CBP One App: USAHello has a new video to help you learn how to use the CBP One app. The app is used to make an asylum appointment at the U.S. border. Also available here in Spanish.
USAHello offers translated information to help asylum seekers: Seeking asylum at the U.S./Mexico border
Refugee Matters: End of Title 42: Join We Are All America, #WelcomeWithDignity and Refugee Congress for this Refugee Matters episode discussing the end of Title 42, updates and what to expect after May 11. Guest speakers will share their experiences, discuss the Welcome Wednesdays efforts to uplift stories of welcome happening across the country, and what people can do to welcome people seeking asylum in their communities.
Post-Title 42 Resource Hub: From CLINIC, this is a page of resources for legal practitioners, advocates, and others helping immigrant clients navigate the immigration system post-Title 42.
Q&A: What to Know About the Biden Administration’s New Asylum Restrictions: This explainer provides an overview of the "Circumvention of Lawful Pathways" rule. It explains in simple terms what the rule does, how it will affect asylum seekers, and where it will interact with other border enforcement policies post-Title 42.
The Implications of the Biden Asylum Rule in Mexico, Costa Rica, Colombia, and the Northern Triangle Nations: This paper from the National Immigration Forum analyzes the implications of the Biden asylum rule in Mexico, Costa Rica, Colombia, and the Northern Triangle nations.
In a new resource, the National Immigration Forum addresses why asylum seekers can’t just apply in countries along the way, as the rule the Biden administration finalized last week would require.
Fact Sheet: U.S. Government Announces Sweeping New Actions to Manage Regional Migration: Learn more about how the government plans to process migrants at the southern border following the end of Title 42 on May 11.
In a Dramatic Shift, the Americas Have Become a Leading Migration Destination: This article reviews the recent trends in migration in Latin America and the Caribbean, including humanitarian displacement, labor mobility patterns, and other factors responsible for heightened international movement since 2010, and how countries have responded to these trends.
Where the ‘Migrant Protection Protocols’ Stand, Four Years After Going Into Effect: Last week, a federal court in California issued a decision allowing asylum seekers and other plaintiffs to continue their legal challenge to the “Remain in Mexico” program, officially called the Migrant Protection Protocols (MPP).
A Florida Court Blocks ‘Parole + ATD’ Program in Latest Fight Between State and Federal Immigration Authority:This ruling on Alternatives to Detention (ATD) vacated a U.S. Customs and Border Protection policy that made it easier for border agents to release people on parole with an ICE check-in date and subject to government monitoring. If applied in other contexts, it would challenge nearly every parole program the government has in place and that it has ever utilized including the United for Ukraine and special consideration for Afghans.
Under Al Otro Lado v. Mayorkas: In a new guide, the American Immigration Council breaks down our Al Otro Lado v. Mayorkas lawsuit that challenges the U.S. government’s metering policies. It also offers a survey to see if someone qualifies to seek asylum under a recent decision in the lawsuit. Under metering, asylum seekers were stopped from crossing into the United States at ports of entry. Some asylum seekers were told that the port was full and could not process them. Others were required to put their name on a waitlist in Mexico and could not enter the United States to seek asylum until their number was called.
How To Seek Asylum (Under the Proposed Asylum Transit Ban): The Biden administration recently announced a proposed regulation that would all but eliminate access to asylum for the overwhelming number of asylum seekers who come to the United States via the southwest border.
Explainer: The Legal Impact of Ending the COVID-19 Health Emergency on Title 42: This paper explains how the Biden administration's announcement that the Covid-19 public health and national emergencies will end on May 11 may, in turn, affect the Title 42 policy.
The U.S. documented 2.38 million border encounters in Fiscal Year 2022. Headlines emphasizing the high number of encounters lack context about who is arriving, why they’ve come, and whether they ultimately stay in the U.S. To help understand the situation at the border, take a look at this graphic from the National Immigration Forum.
What's happening at the U.S.-Mexico border?: This resource provides a breakdown of the latest border-related headlines, including the expansion of Title 42, the Biden administration's new border plan, and shelters reaching maximum capacity.
A brief from the Department of Justice yesterday confirms that Title 42 will end with the lifting of the COVID-19 public health emergency on May 11, as reported by POLITICO.
“Coping during the Asylum Process: A Guide for Youth” from Heartland Alliance includes information about the asylum process and coping skills. It’s available in English, Spanish, and Dari.
ORR recently issued Policy Letter 23-13, Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans. If you have questions about whether a client is eligible for ORR services, contact us and we will get you an answer from ORR’s Refugee Policy Unit. Remember, at this time, Nicaraguans and Venezuelans paroled before or through the new sponsorship program are NOT eligible for ORR services.
Asylum-seeking migrants can now use the updated version of CBP One app to request an appointment to approach a land port of entry at one of eight ports in Texas, Arizona, and California, according to a new fact sheet.
CBP One fact sheet: Launched in October 2020, CBP has expanded the app’s uses, becoming the only way certain people seeking entry into the U.S. can submit necessary information prior to their arrival.
Title 42: judge orders Biden to lift Trump-era immigration rule: The US district judge ruled in Washington that enforcement must end immediately for families and single adults, calling the ban “arbitrary and capricious”. The administration has not applied it to children traveling alone. Now the Biden administration has a few weeks to fully unwind the Title 42 policy.
The Fifth Circuit’s DACA Ruling: This explainer provides an overview of the October 6 Fifth Circuit ruling against Deferred Action for Childhood Arrivals (DACA), upholding an earlier decision from U.S. District Judge Andrew Hanen that the policy is unlawful.
US to begin accepting Venezuelan claims under new migration plan: The new parole application program that allows Venezuelan nationals and their families to come to the United States for up to 2 years for urgent humanitarian reasons is similar to the Ukrainian program in that it required a supporter to file an I-134 form as a declaration of support. The Venezuelan parolee in this program will be eligible to apply for an Employment Authorization Document (EAD) upon arrival but will NOT be eligible for mainstream benefits nor for ORR programs and services at this time (as of 10/19/22).
FAQ: Transporting Migrants from the Border to Other States: In recent weeks, stories of governors from states on the U.S. southern border transporting migrants by bus or plane to other states has dominated the news. This explainer compiles some answers to some of the most frequently asked questions to help you better understand the nuance and context behind these news stories.
EXPLAINER: Bused, flown migrants can live in US -- for now: Republican governors have been sending migrants released at the U.S. border with Mexico to other cities, raising questions about their legal status, how they are lured on board buses and planes and the cost to taxpayers.
The American Immigration Council released a new fact sheet explaining how people may find themselves facing deportation from the United States, how the removal proceeding may look, what types of relief can be sought after a removal order is issued, and U.S. Immigration and Customs Enforcement’s role during the removal period. The explainer is key to understanding deportation in the immigration enforcement process and who it may impact.
Biden Administration to End “Remain in Mexico” Policy Following Supreme Court Decision: On August 8, the Department of Homeland Security (DHS) announced that it would end the implementation of the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. DHS stated that individuals are no longer being newly enrolled into MPP, and individuals currently in MPP in Mexico will be disenrolled when they return for their next scheduled court date.
Explainer: Title 42 and What Comes Next at the Border – National Immigration Forum
Q&A: The Post-Title 42 U.S.-Mexico Border – WOLA
This special report from the American Immigration Council explains the origins of the rise in Central American refugees, including the increase in children over the years.
Haiti’s Painful Evolution from Promised Land to Migrant-Sending Nation. The article examines decisive moments in Haiti’s history, including the 2010 earthquake and Hurricane Matthew in 2016.
Cuban Migration: A Post-revolution Exodus Ebbs and Flows examines five periods of Cuban migration to the United States in the period since the 1959 revolution, including the 1994 crisis.
Puente News Collaborative launched the first of its three-part series on indigenous Latin Americans who leave home to migrate north, highlighting the complex challenges these communities face.
National Immigration Forum has created a video and updated border explainer that provide a more in-depth look at long-term border patterns, the impact of Title 42 and more.