Ukrainians Exempted from Title 42; Permitted to Seek Asylum at U.S. Land Borders

March 21, 2022 Amanda Bolhuis

Recognizing the humanitarian crisis in Ukraine, the Department of Homeland Security (DHS) is allowing U.S. Customs and Border Protection (CBP) officers to consider exempting certain Ukrainians from COVID-19 restrictions imposed by the Centers for Disease Control and Prevention (CDC) so they may seek to pursue asylum in the U.S.  

Overview 

DHS has authorized U.S. Customs and Border Protection (CBP) officers to consider exempting Ukrainians from Title 42 restrictions based on the ongoing humanitarian crisis in Ukraine. Title 42: The Public Health and Welfare of the U.S. Code (USC), is the  legal authority  that allows the CDC to regulate the admission of immigrants, refugees, asylees, and parolees into the U.S. based on medical reasons. Ukrainian nationals who seek entry into the U.S. at land border ports may be granted an exception to Title 42 on a case-by-case basis. Non-citizens who are arriving from Ukraine and who hold a valid Ukrainian passport or other valid identity documents may be considered for an exception to Title 42, provided they do not pose a risk to public safety or national security. Ukrainians who are permitted to enter the U.S. with a Title 42 exemption may be granted humanitarian parole on a case-by-case basis. 

Looking Ahead  

The “Order Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists,” otherwise known as “Title 42,” has been controversial since its implementation. Title 42 was implemented by former President Trump in March 2020. The order has been enforced by CBP since then to prevent migrants and asylum seekers from entering the U.S. on the basis of COVID-19 concerns. Recently, the Centers for Disease Control (CDC) revoked CBP officers’ authority to expel minor unaccompanied children from entering the U.S. under Title 42. Additional court challenges are expected soon on Title 42 restrictions.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Amanda Bolhuis, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").           

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.    

About the Author

Amanda is a Partner at Global Immigration Associates. Her practice focuses on employment based nonimmigrant and immigrant visa petitions. She has extensive experience handling B, E, H, L, O and TN visa cases, employment-based green cards (EB-1 and PERM labor certification) and USCIS Requests for Evidence and appeals. She also has experience advising companies on corporate restructuring, mergers and acquisitions and I-9 compliance issues. Amanda works with clients in several industries, including automotive, insurance and technology.

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