New Immigration Initiatives Promise Improvements In U.S. Migration From Southern Countries

The U.S. government has just announced sweeping new actions to manage regional migration. The Department of State and Department of Homeland Security (DHS) unveiled measures to reduce unlawful migration across the Western Hemisphere, expand lawful pathways for protection, and facilitate the safe, orderly, and humane processing of migrants. In this new approach, the U.S. government recognizes that migration is a regional challenge that cannot be managed alone and requires work with partners to create a more comprehensive and effective approach.

New Pathways To Immigration

In its announcement, the U.S. government encourages individuals to use new lawful pathways that it has implemented over the past two years. These include: 1) The CBPOne App that will enable migrants located in Central and Northern Mexico to schedule an appointment to present themselves at a port of entry rather than trying to enter between ports; 2) The new family reunification parole processes for El Salvador, Guatemala, Honduras, and Colombia that will allow vetted individuals with already approved family-based petitions to be paroled into the United States on a case-by-case basis; and 3) The United States will also commit to welcoming thousands of additional refugees per month from the Western Hemisphere – with the goal of doubling the number of refugees to the United States.

Apart from these initiatives, the U.S. government will launch an aggressive anti-smuggling campaign targeting criminal networks in the Darien. Panama, Colombia, and the United States reached an historic agreement to launch a 60-day surge campaign to address the unprecedented migration through the dangerous Darien corridor. The campaign officially launched on April 20 and is focused on disrupting criminal networks.

Enforcement Measures

Most significantly from an enforcement point of view, the U.S. government announced that the COVID-era public health measures, including the CDC’s temporary Title 42 public health order, will come to an end. The announcement continues, however, lifting the Title 42 order does not mean the border is open. The United States will return to using Title 8 immigration rules to process and remove individuals who arrive at the U.S. border unlawfully. These decades-old rules carry steep consequences for unlawful entry, including at least a five-year ban on reentry and potential criminal prosecution for repeated attempts to enter unlawfully. The return to processing under Title 8 is expected to reduce the number of repeat border crossings over time.

An Innovative Measure

In the most innovative new initiative being introduced with regional partners, the United States is establishing Regional Processing Centers (RPCs) in key locations throughout the Western Hemisphere to reduce irregular migration and facilitate safe, orderly, humane, and lawful pathways from the Americas. The first centers will be established in several countries, including Colombia and Guatemala, in the region. Individuals from the region will be able to make an appointment on their phone to visit the nearest RPC before traveling, receive an interview with immigration specialists, and if eligible, be processed rapidly for lawful pathways to the United States, Canada, and Spain.

Changing The Incentive Structure

The RPCs aim to reduce irregular migration by changing the incentive structure that drives individuals to flee their countries and seek unlawful immigration pathways. They provide a safe and orderly process for individuals to seek asylum and other forms of protection, reducing the risks associated with irregular migration, such as human trafficking, smuggling, and exploitation. In essence, they will be information centers staffed by trained immigration specialists who will conduct interviews and assess the eligibility of applicants for various forms of protection. Applicants will also receive information about their rights and responsibilities and any available resources and services that can help them integrate into their new communities. The announcement says that by reducing the incentive for individuals to take dangerous and illegal routes to migrate, the RPCs will contribute to a more secure and stable hemisphere.

Welcome News – At Least In Part

The immigrant community generally welcomed by the announcement but with qualifications.

American Immigration Lawyers Association President Jeremy McKinney noted, “The Biden Administration’s decision to expand legal pathways and screen migrants for humanitarian protection and other forms of relief is bold, and if implemented as described today, a game-changer in modernizing U.S. migration policy. These initiatives show how managing global migration can and must be done by partnering with the governments of other Western hemisphere nations. These new initiatives are complemented by the administration’s re-start and expansion of the Cuban and Haitian family reunification programs that were created during the Bush and Obama years and have helped many families find stability in the United States. These policies align with AILA’s recommendations for solutions on these important issues. Unfortunately, these smart proposals come with dangerous strings attached, namely restrictions on asylum access at the U.S. border in the form of a proposed regulation that will push people fleeing persecution back into life-threatening harm’s way.”

Aaron Reichlin-Melnick, policy director at the American Immigration Council issued this statement:

“The American Immigration Council applauds today’s announcement by the Biden administration. Responding to a displacement crisis throughout the Western Hemisphere requires thinking beyond the U.S. border. Regional processing centers in Central and South America that can provide safe havens for migrants will reduce the pressure on the U.S. southern border, provide safer alternatives for migrants, and limit the power of smugglers and transnational criminal organizations.

“However, while refugee processing abroad is a crucial part of addressing the humanitarian needs caused by displacement, it cannot be the only measure. As the Biden administration prepares for the end of Title 42, it must ensure that asylum remains a valid option for those who are unable to access these new measures and rethink its plan to rapidly force migrants through critical asylum screenings while detained in Border Patrol custody without meaningful access to legal counsel.

“Today’s announcement is a reminder that addressing the ongoing challenges caused by migration requires thinking outside the ‘enforcement-only’ box. Immigration isn’t just about ‘homeland security’—it’s about American leadership and identity. The U.S. State Department must collaborate with the Department of Homeland Security, as well as international organizations and civil society, to make the Western Hemisphere safe for everyone. Good intentions must be matched with a commitment to provide staffing and resources. This effort won’t produce real results unless both departments take their responsibility seriously.”