The Biden administration announced Thursday it will sharply step up the expulsion of migrants from Cuba, Nicaragua and Haiti who show up illegally at the U.S.-Mexico border. The administration also unveiled a new program to allow as many as 30,000 migrants from those countries to live and work in the U.S.
If they want to immigrate legally, migrants from the three countries — as well as Venezuelans, for whom there’s been a similar program in place since October — need to have an eligible sponsor in the United States willing to provide financial and other support. The migrants and their sponsors will need to pass background checks.
For now, a totally online process via a Customs and Border Patrol app will allow migrants to schedule a time to come to a port of entry in the U.S. to seek an exception from being deported back to Mexico or to their home country under the Title 42 public health regulation.
The Department of Homeland Security said it will publish a new rule that will require migrants who are on their way to the U.S. to first apply for asylum in a third country before reaching the U.S. border. Anyone who fails to do so would be barred from seeking asylum in the U.S. (Immigration advocates have criticized the proposal, saying that it is similar to former President Donald Trump’s “transit ban” for immigrants, which was blocked by a federal appeals court in 2020.)
Migrants who arrive at the U.S.-Mexico border, or at Florida’s coast, without getting advanced authorization face being expelled back to their countries or Mexico.
It is unclear how Cubans who arrive by boat in the Florida Keys would be expelled absent an accord with the Cuban government to take migrants back. For now, Cubans are being issued an “expedited order of removal,” which advocates say is “irregular” because it means the migrants did not have the opportunity to show they have a credible fear of persecution if they are returned to Cuba.
Haitians who arrive in the Florida Keys and the U.S. territory of Puerto Rico have also been returned to Haiti if they did not touch land. Those who have jumped off boats have been processed into the U.S., but it is still unclear how the new policy will affect them should they make it to land, like a recent boatload did on Tuesday in Key Largo.
Here’s what you need to know about the new measures:
—How a migrant can apply to enter the U.S.
Migrants will need to download the free CBP One mobile application to schedule appointments to present themselves at a port of entry to facilitate their safe and orderly arrival. The CBP One application is available in the Apple and Google App Stores as well as at https://www.cbp.gov/about/mobile-apps-directory/cbpone.
—Does a migrant need to be at the border to schedule an appointment?
No. The CBP One mobile app’s access has been expanded into Central Mexico in order to discourage migrants from congregating near the U.S.-Mexico border in unsafe conditions.
—What is the process after applying?
Through the online process, individuals seeking advance authorization to travel to the U.S. will be considered on a case-by-case basis for a temporary grant of parole for up to two years, including employment authorization.
—What are the requirements for a migrant to be considered?
All applicants must pass rigorous biometric and biographic national security and public safety screening and vetting; have a supporter in the U.S. who commits to providing financial and other support, and complete vaccination and other public health requirements.
—How soon can someone apply to support a migrant?
Starting Friday, potential supporters can apply to Homeland Security to support eligible individuals via www.uscis.gov/CHNV. Individuals and representatives of organizations seeking to apply as supporters must declare their financial support, and they must pass security background checks to protect against exploitation and abuse.
—Ports of entry where migrants will need to show up once they have an appointment:
Arizona: Nogales
Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso
California: Calexico and San Ysidro
—What you need to know about COVID-19:
During the inspection process, migrants must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.
—What happens if a migrant tries to enter the U.S. without authorization?
Individuals will either be returned to Mexico, which has agreed to accept 30,000 individuals a month, or back to their home country.
—What about those migrants who cannot be expelled under the Trump-era public health rule known as Title 42, which has been used to quickly expel thousands of Haitians at the southern U.S. border?
They will be deported under another statute known as Title 8 that allows for long-term bans from re-entering the United States. Such migrants, including Haitians arriving at the Florida coast, could find themselves deported at the end of this process after failing to pass so called credible-fear interview with an asylum officer.
—What happens if a migrant is removed under Title 8 statue?
The migrant faces a five-year ban on admission to the U.S. and possible criminal charges should they seek to reenter the United States.
—If I am currently in Haiti or Cuba can I apply for this parole program today?
No. Only migrants already in transit will be able to apply through the CBP One app.
—How else can I raise my hand to sponsor someone from Haiti, Cuba, Nicaragua or Venezuela?
Welcome.US is working to rapidly expand its Welcome Connect tech platform to expand its functionality to go live in late January. Americans interested in sponsoring newcomers from Cuba, Haiti, Nicaragua or Venezuelans can sign up now at Welcome.US to be added to the platform as soon as it is ready. The platform currently facilitates connections between potential sponsors in the U.S. and displaced Ukrainians.
