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Key Points

Overview

DHS has instructed US Customs and Border Protection (CBP) officers to exempt certain Ukrainians from Title 42 restrictions due to the ongoing humanitarian crisis in Ukraine. Ukrainian nationals seeking entry into the US at land border ports of entry are exempted from Title 42 on a case-by-case basis. Non-citizens from Ukraine who have a valid Ukrainian passport or other valid identity documents may be considered for an exception to Title 42 if they do not pose a risk to public safety or national security.

Former President Trump implemented the “Order Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists,” otherwise known as “Title 42,” was implemented in March 2020. CBP has enforced the order over the course of the COVID-19 pandemic to prevent migrants and asylum seekers from entering the US based on COVID-19 concerns. Ukrainians who are permitted to enter the US with a Title 42 exemption may be granted humanitarian parole for up to 12 months, which allows them to live and work in the US temporarily.

Looking Ahead

Title 42 has been the subject of litigation since its inception. The Centers for Disease Control (CDC) recently revoked CBP officers’ authority to expel minor unaccompanied children from entering the US under Title 42. Additional court challenges are expected soon on Title 42 restrictions.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Customs and Border Protection

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