On October 12, the Biden Administration implemented Title 42 provisions for certain Venezuelan asylum seekers. Title 42, the Trump Administration policy we have discussed here previously, allows the U.S. Department of Homeland Security (DHS) to legally expel non-citizens who cross the U.S.-Mexico border without inspection in between official ports of entry. DHS issued a statement on the policy change: “These actions make clear that there is a lawful and orderly way for Venezuelans to enter the United States, and lawful entry is the only way,” said Secretary of Homeland Security Alejandro N. Mayorkas said in a statement. “Those who attempt to cross the southern border of the United States illegally will be returned to Mexico and will be ineligible for this process in the future,” he said. Still, certain Venezuelan migrants may be able to access Title 42 exemptions. It is unclear how exactly Title 42 will be implemented or whether DHS will formalize its policy through rulemaking procedures The same day of Title 42’s expansion, DHS also announced a pathway for legal entry into the United States for some Venezuelans as part of the new agreement. The new Venezuelan Parole Program, modeled after “Uniting for Ukraine,” should allow for 24,000 Venezuelans to enter the United States by way of “parole” through this program. Do not have a valid Venezuelan passport; Have been ordered removed from the United States in the past five years; Have entered the United States without authorization between ports of entry after the date of announcement; Have irregularly entered Mexico or Panama after the date of announcement; or Are a permanent resident, national, refugee, or asylee of any country other than Venezuela “Those who follow the lawful process will have the opportunity to travel safely to the United States and become eligible to work here,” according to Secretary Mayorkas. The expulsions are the latest addition to those carried out under Title 42. Previously, Mexico had only accepted expulsion of nationals from Guatemala, El Salvador and Honduras under the program. Part of the new plan includes a joint campaign with Mexico to “target human smuggling organizations and bring them to justice”. The announcement has prompted backlash from opponents of Title 42 who say the move is a sign of the administration's increasing dependence on the program.
Venezuelans are not eligible for the new program if they:
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Michael G. Ibrahim, Esq.
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DePaul University College of Law
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University of Illinois at Urbana-Champaign
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