Skip to content
LPBN-Icon-v1
ImmigrationProf Blog
A Member of the Law Professor Blogs Network

Important Changes to the Title 42 Exemption Process

By immigrationprof

From Taylor Levy:

Hello,

The government of the United States recently announced a NEW process of requesting exemptions from Title 42. A Title 42 exemption is what allows a non-citizen without proper admission documents to go to the Port of Entry at a set date and time to seek admission as an asylum-seeker and/or under humanitarian parole. You can learn more about Title 42 here: https://tinyurl.com/borderslides.  

After January 12, 2023, there is no reason for noncitizens to pay ANYONE for assistance in requesting a Title 42 exemption: CBPOne is free, the process is free, and there is no need to pay an intermediary for assistance (though a smart phone with internet service is required). 

The main purpose of this change is to “democratize” the process and give direct access to noncitizens for scheduling appointments for presentation at the Ports of Entry. Under the new process, no organizations or attorneys will be able to make requests; rather, non-citizens will be able to schedule their appointments directly, using an app called CBPOne. Here are very important links about CBPOne; please share them widely:

Access to CBPOne will begin on January 12, 2023. There will be a short transition period between the old (NGO & attorney access) system and the new system (democratized CBPOne access); this transition is expected to conclude on approximately January 18-24, 2023, depending on the specific Port of Entry. 

  • The app is downloadable now, but the new features go live on January 12, 2023;
  • The app is currently only available in English and Spanish, but appointments are open to all nationalities. Haitian Creole and Russian versions of the app are forthcoming.
  • Access to making an appointment will be “geofenced” to individuals who are physically located in the U.S.-Mexico border and in some “major population centers” in Central Mexico (likely Mexico City and Monterrey; maybe other cities as well);
  • We do not know yet what will be the exact questions on the app, but they are meant to be mostly basic demographic questions. This link provides a possible preview;
  • Appointments will be available in Matamoros, Piedras Negras, Reynosa, Nuevo Laredo, Ciudad Juarez, Nogales, and Tijuana.
  • There will be an undisclosed but limited number of available appointments, only scheduled about 14 days in advance. Each day at a set time, new appointment slots will be released. Imagine something similar to InfoPass. Yes, we are anticipating that this process will be frustrating;
  • Just like under the current system, noncitizens who present for a Title 42 exemption will generally be issued a Notice to Appear and a one-year 212(d)(5) parole (“DT”) and will be eligible for c(11) EADs.
  • People with significant criminal history and/or national security concerns may be detained, but this will be generally disfavored. Currently, we only see detentions in about 1-2% of cases, and any organization that has promised no detention risk in the past was not telling the truth.     

After January 12, 2023, there is no reason for noncitizens to pay ANYONE for assistance in requesting a Title 42 exemption: CBPOne is free, the process is free, and there is no need to pay an intermediary for assistance. 

Please beware that any organizations/attorneys/“helpers” who promise faster access to the exemption process after January 12, 2023 in exchange for money are potentially acting fraudulently. 

Please help share this information widely.

Taylor Levy, Esq. (she/her)

Taylor Levy Law

taylorlevylaw@gmail.com