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Title 42 is ending on May 11th, 2023: What does that mean?

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As Title 42 - the policy that kept immigrants from coming through the U.S. border for pandemic related health reasons - ends, the administration is implementing Title 8 policies.  Individuals who enter the United States will get sent to Mexico if they come in through the Southern AND Coastal Borders between May 11, 2023, and May 11, 2025 without papers.   Venezuelans, Cubans, Nicaraguans, and Haitians may apply for parole from their home country, using the government's problematic CBP One app.  If they don't have these papers, many might be sent to Mexico rather than their own home country, after being denied asylum. No matter their nationality, applicants will be sent to Mexico if they are removed from the U.S. under Title 8, and will not be allowed to reapply for 5 years

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In addition, the regulations will deny asylum to nearly everyone who enters the U.S. without papers between ports of entry, if they traveled through another country without first seeking and being denied asylum there first.  This means almost everyone who can't get an appointment through CBP One will not be able to get asylum.

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The new rules assumes that people who don't use  "lawful pathways" to enter the US are ineligible for asylum.  It is now up to individuals to prove that is not the case, an important difference.   Before May 11th, there was no "assumption of ineligibility" for people applying for asylum.  After May 11th, only individuals with  "exceptionally compelling circumstances" will be allowed into the U.S..  One exception: unaccompanied minors will, for now, still be let in even without travel authorization.  Generally speaking though, it will be extremely difficult for most people to qualify for asylum at the border.

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What is CBP One?

CBP One is a new phone app, which the United States government expects people coming in from abroad to pre-register with, before entering the U.S. by land.  It has become the only way certain migrants entering the United States Travelers can submit their information prior to entering the country.  Migrants are expected to submit their travel information before they cross the border into the United States.  As stated on the US Customs and Border Patrol website website:
 

Travelers should download the free CBP One™ app on their web-enabled smart device or access the CBP One™ website. Please note: Travelers can submit their information in advance via the CBP One™ website but will still need to use the mobile app to schedule an appointment. Fact sheets for CBP One™ are available in English, Spanish, Haitian Creole, Portuguese, and Russian, quick reference guides for travelers submitting their information in advance are available in English and Spanish, traveler user guides are available in English and Spanish, tips for users are available in English and Spanish, and a YouTube demonstration of this feature is also available. Note that a free login.gov account is required to use CBP One™. After opening the CBP One™ app, tap “Sign In with Login.gov”.

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• Travelers who do not have a login.gov account should “Create an account” and follow the instructions.

• Travelers who already have a login.gov account should sign into their existing account, and will be redirected back to the CBP One™.

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Unfortunately, for now the only languages available on CBP One are English and Spanish.   There are plans for it to be available in other languages such as Haitian Creole, but no release date for this has yet been shared. 

 

The app is often difficult to access and appointment slots for the day fill up very fast.  If you need to use this program, it is a good idea to give yourself many days to try and register.  It is extremely likely you won't be able to access it the first time you try.

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Who can Use CBP One?

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This app is currently only intended for Haitians, Venezuelans, Nicaragans, and Cubans  - those migrants who are able to obtain parole through special programs - and for asylum seekers located in central or northern Mexico .  

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      Haitians, Venezuelans, Nicaragans, and Cubans

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• Applicants from these four countries that have access to special parole programs can use the app to apply for one of up to 30,000 slots for temporary parole into the country, which are being made available to them each month.   However, the application must be initiated by a U.S.-based sponsor, via U.S. Citizenship and Immigration Services.  Currently, the government will only accept 750 applications a day, although that will soon increase to 1,000 a day.

• The applicant's sponsor - or sponsors, it can be a group of people - must show they have the financial means to provide for their sponsee and are responsible for meeting all their needs the first 90 days they are in the U.S.

• Applicants must have a valid passport from one of these four countries, prove they have a sponsor, and undergo an online vetting process.

• Applicants must enter the country though a port of entry, usually by plane .

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     Asylum Seekers located in central and northern Mexico

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• Can enter the country by land

• CBP One can be dowloaded by anyone, but it cannot be used by everyone.  Migrants seeking an exemption to Title 42 can only secure an appointment if they are physically present north of Mexico City.   Applicants must apply from within this geographic area.  The app will not work if applicants to do not permit the app to use its GPS function to see where they are located.

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