Migration and Borders: Expanding Lawful Pathways + Enhanced Enforcement

When the CDC’s Title 42 public health Order lifted at 11:59 p.m. ET on May 11, the United States returned to fully enforcing 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 stay.  

These decades-old authorities carry steep consequences for unlawful entry or irregular entry, including at least a five-year bar on admission and potential criminal prosecution for repeat violators. Individuals who cross into the United States at the Southwest Border without authorization or having used a lawful pathway, and without having scheduled a time to arrive at a port of entry, would be presumed ineligible for asylum under a new proposed regulation, absent an applicable exception.

Enforcement of immigration laws under Title 8 is expected to reduce the number of repeat border crossings over time, which increased significantly under the Title 42 public health Order, since it did not allow for legal consequences.

Smugglers will continue to spread lies to lure migrants into irregular migration, placing a strain on our immigration system, our communities, and our dedicated workforce. In contrast, the following official U.S. government resources provide accurate information on how our immigration system works, and how we are expanding lawful pathways, coupled with enhanced enforcement, to reduce irregular migration and ensure safe, orderly, and humane management of our borders and our immigration system.

The U.S. Immigration System: Explained

Title 42 Public Health Order vs. Title 8 Enforcement Consequences

Caption: <p>This graphic shows differences in the enforcement consequences between Title 42 and Title 8.</p>
This graphic shows differences in the enforcement consequences between Title 42 and Title 8. | View Original

To learn more about how DHS is securing our border, visit “Border Security.”


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