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Title 42 is over, and Title 8 is back.

Updated: Jun 30, 2023

Title 42 is a section of the Public Health Service Act of 1944, which allows the government to stop the entry of people and imports to prevent the introduction of a communicable disease from outside the continental United States. Title 42 was used to expeditiously remove anyone who entered the U.S. without permission.

Now that we have Title 8 back in effect, it will deport those that enter without permission. Deportation is much more serious. Someone who is deported will not be able to return for a minimum of years or more and will not be able to request asylum.

Also, the fines for crossing illegally will go up. There will likely be criminal prosecution for those re-entering the U.S. without permission multiple times. Prison time will go from 6 months to 2 years for each attempt to cross the border without permission and double fines.

Double the fine and penalty for anyone crossing AND has a previous criminal record. Title 42 suspended these penalties and for which there was an increase in the number of people who crossed the border repeatedly after being removed.

Other Changes in effect now:

2nd change CBP-1 application: CBP-1 will offer 1000 appointments a day for those outside the U.S. that would like to request a credible fear appointment. They are going to improve the application since many have had problems using the application.

3rd change Asylum in a third country: How does it work? An example of how this will work: When Juan, who is from Guatemala arrives in the U.S. and on his way crosses through Mexico, he must apply for asylum in Mexico first before he can apply for asylum in the US. Due to this new regulation, it will be much more difficult to win an asylum claim in the USA. There may be exceptions, but we'll see how they apply.

4th change Humanitarian Parole: The parole program will continue for Nicaragua, Venezuela, Cuba, and Haiti. 30,000 people per month will continue to be approved. You need a qualified sponsor in the US to request this parole which will give them a work permit for two years.

Keep applying. This program can be suspended at any moment. Apply as soon as possible before the court issues an injunction on this program since there is a lawsuit pending brought by several states of the Union to stop this program.

5th change Family Reunification Parole: Salvador, Colombia, Guatemala, Honduras nationals who have an approved residency petition, they will be able to wait for their permanent residency IN the US. This will be a tremendous blessing to many families who have been separated for years. The USCIS has indicated that the program regulations can be issued in June, we'll see.

The border will remain to be chaotic for some time, there will be many lawsuits filed, and programs started and stopped. If there is a program for which you or your relative outside of the U.S. qualifies for apply immediately when it starts as it could end very quickly due to lawsuits.


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