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DHS, May 10, 2023
"The Department of Homeland Security and Department of State are focused on solutions and have a robust plan to humanely manage the border through deterrence, enforcement, and diplomacy. With the support of the Department of Defense and multiple countries across the Western Hemisphere, DHS and State are implementing that plan within the constraints of a broken immigration system that Congress has repeatedly failed to fix, including by not acting on President Biden’s comprehensive immigration reform proposal, bipartisan legislation to protect Dreamers and farm workers, or repeated requests for additional resources.
At 11:59 PM ET on Thursday, May 11, the pandemic-era Title 42 public health order will lift because COVID-19 is no longer the threat it once was, and the public health emergency is ending. When the Title 42 order lifts, the United States will be strengthening its enforcement of long-standing Title 8 immigration authorities to expeditiously process and remove individuals who arrive at the U.S. border unlawfully and do not have a legal basis to remain. Individuals who cross into the United States at the southwest border without authorization or without having used a lawful pathway, and without having scheduled a time to arrive at a port of entry, will be presumed ineligible for asylum, absent an applicable exception. If removed, they will be barred from re-entry for at least five years and subject to potential criminal prosecution for repeated attempts to enter unlawfully.
The transition back to Title 8 processing for all individuals encountered at the border will be effective immediately when the Title 42 order lifts.
Today, as part of the comprehensive, multi-agency, multi-country plan to prepare for the return to processing migrants under Title 8 authorities, the Administration is announcing additional sweeping measures, including:
The additional measures announced today build on actions the Department of State and DHS announced earlier this month to humanely manage the border through deterrence, enforcement, and diplomacy. This also builds on DHS's work over the past year that was first outlined in the April 2022 DHS Plan for Southwest Border Security and Preparedness. Those actions included:
Multiple federal agencies are working to manage the border using the tools they have. But, Congress needs to update our immigration laws. Congress also needs to provide the funds the administration requested, including the $4.9 billion for border security and management that Congress cut in half."