101. 66. https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239. Los Angeles Declaration on Migration and Protection endanger[] human life and hav[e] a potential destabilizing effect in the region.[116] 03/01/2023, 205 v. Finally, condional . More information and documentation can be found in our As described above, this process is directly responsive to requests from key foreign partnersincluding the GOMto provide a lawful process for Cuban nationals to enter the United States. Id. See8 CFR 274a.12(c)(11). In the year since the 2021 Miami immigration judge decision, many practitioners have assisted Cuban clients in pursuing adjustments under the CAA, arguing that their release from DHS custody at the border constitutes parole under INA 212(d)(5), thus satisfying the inspected and admitted or paroled requirement under the CAA. 6 Generally, USCIS field officers are instructed to exercise their discretion favorably in granting parole to Cubans who entered without inspection. The U.S. Government has been engaged in discussions with the GOC to reactivate the Migration Accords, which specify that the United States will process 20,000 Cuban nationalsnot including immediate relatives of U.S. citizensto come to the United States through immigrant visas and other lawful pathways, such as the Cuban Family Reunification Parole (CFRP) program, and that the Cuban government will accept the repatriation of its nationals who are encountered entering the United States without authorization. 03/01/2023, 43 DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. . Start Printed Page 1278 80. OIS analysis of United States Coast Guard (USCG) data provided October 2022; Maritime Interdiction Data from USCG, October 5, 2022. This FAQ addresses commonly asked questions about who qualifies for TPS and Uniting for Ukraine, the respective application processes, and basic strategies for assisting Ukrainian clients. The notice outlined the required procedure for those applicants to seek reopening of their adjustment cases under USCISs new policy that such releases from DHS custody constitute parole for the purposes of the statute. [102] Cuban nationals are 72 percent of all unique encounters in these sectors in October and November.[27]. increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). edition of the Federal Register. In the final week of his Presidency on January 12, 2017, the Obama administration ended the Cuban Medical Professional Parole Program, as well as the special parole policy for arriving Cuban nationals known as the "wet foot/dry foot" policy. Many Afghans paroled into the United States in 2021 and 2022 are seeking to reunify with family members left behind in Afghanistan or who are residing in third countries. (last viewed Dec. 19, 2022). The Public Inspection page may also Human smugglers continue to use unseaworthy, overcrowded vessels that are piloted by inexperienced mariners. Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. Citizenship and Immigration Services (USCIS) and CBP to process requests for discretionary parole on a a statement[] issued by an agency to advise the public prospectively of the manner in which the agency proposes to exercise a discretionary power.[103] The USCG conducted a multi-day air and surface search for the missing migrants, eventually recovering five deceased migrants; the others were presumed lost at sea. the current document as it appeared on Public Inspection on That willingness could be impacted by the delay associated with a public rulemaking process involving advance notice and comment and a delayed effective date. Information About the New Parole Program . The Cuban parole process will allow DHS to vet potential beneficiaries for national security and public safety purposes before they travel to the United States. Adjustment of Status under the Cuban Refugee Adjustment Act of 1966. Congressional Research Service, [67] DHS similarly invoked the foreign affairs exemption more recently, in connection with the Venezuela parole process. [52] [96] For example, DHS published a notice eliminating an exception to expedited removal for certain Cuban nationals, which explained that the change in policy was consistent with the foreign affairs exemption because the change was central to ongoing negotiations between the two countries. Please review his documents to see if he has an I-94. L. No. Id. v. The U.S. Government is engaged in a multi-pronged, regional strategy to address the challenges posed by irregular migration. However, these gains were subsequently reversed as border encounters more than doubled between 2017 and 2019, andfollowing a steep drop in the first months of the COVID-19 pandemiccontinued to increase at a similar pace in 2021 and 2022. https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. This feature is not available for this document. In a 2021 decision, an immigration judge in Miami found that, pursuant to a Supreme Court case, Jennings v. Rodriguez, 138 S. Ct. 830 (2018), the only authority the Department of Homeland Security (DHS) has to release individuals seeking admission under INA 235 is parole under INA 212(d)(5), regardless of the paperwork issued to the noncitizen. Cuba is undergoing its worst economic crisis since the 1990s[33] If granted parole, these family members may come to the United States without waiting for their immigrant visas to become available. 21. USCG crews interviewed the survivor who indicated there were 34 others on the vessel, who were not in the vicinity of the capsized vessel and survivor. The number of Venezuelans attempting to enter Panama through the Darin Gap continued to decline precipitously in Novemberfrom 40,593 encounters in October, a daily average of 1,309, to just 668 in November, a daily average of just 22.[8]. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. [52 FR 48802, Dec. 28 . Id. ; accord, e.g., As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, Each individual arriving at a POE under this process will be inspected by CBP and considered for a grant of discretionary parole for a period of up to two years on a case-by-case basis. documents in the last year, by the Environmental Protection Agency (Sept. 7, 2022), Last . Initiating and managing this processwhich is dependent on GOM's actionswill require careful, deliberate, and regular assessment of GOM's responses to U.S. actions in this regard, and ongoing, sensitive diplomatic engagements. Cuban Family Reunification Parole (CFRP) program. The Economist, [41] documents in the last year, 522 84. 13. This process is modeled on the Venezuela processas informed by the way that similar incentive and disincentive structures successfully decreased the number of Venezuelan nationals making the dangerous journey to and being encountered along the SWB. 2. The Department of Homeland Security, or DHS, has announced two new options for Ukrainians who have fled Ukraine or are seeking a safe haven within the United States due to the Russian war on their country. without admission or parole and those who enter without inspection), (f)(3) (explaining that noncitizens interdicted at sea are applicants for admission); but see 8 C.F.R. 514 F.2d 1064, 1068 (Temp. Memorandum for the Secretary from the Under Secretary for Strategy, Policy, and Plans, Acting Commissioner of U.S. Customs and Border Protection, and Director of U.S. Dec. 10, 2022. https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html For more information about Cuban Adjustment Act cases, see CLINICs publication, All About Cuban Adjustment: Frequently Asked Questions.. All of the steps in this process, including the decision to grant or deny advance travel authorization and the parole decision at the interior POE, are entirely discretionary and not subject to appeal on any grounds. 81. If granted parole pursuant to this process, each individual generally will be paroled into the United States for a period of up to two years, subject to applicable health and vetting requirements, and will be eligible to apply for employment authorization under existing regulations. https://www.hrw.org/report/2022/07/11/prison-or-exile/cubas-systematic-repression-july-2021-demonstrators. 112. The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United States between POEs, while also providing a process for certain such nationals to lawfully enter the United States in a safe and orderly manner. New Documents See The Economist, www.uscis.gov/CHNV. [86], Promoting a safe, orderly, legal, and humane migration strategy throughout the Western Hemisphere has been a top foreign policy priority for the Administration. The monthly average of 31,394 unique Cuban nationals is a 76 percent increase over the FY 2022 monthly average. https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html Otherwise, the Cuban would have had to seek adjustment under the provisions of the Cuban Adjustment Act or another applicable provision of the INA. Each of these processes operates independently, and any action to terminate or modify any of the other processes will have no bearing on the criteria for or independent decisions with respect to this process. INA sec. [107] process and, as appropriate, return or remove those who do not have a lawful basis to stay, or repatriate those encountered at sea while also delivering on other maritime missions. 94. Sept. 22, 2022, Though the Venezuelan process has significantly reduced the encounters of Venezuelan nationals, other migratory flows continue to strain domestic resources, which is felt most acutely by border communities. Created in 2007, the CFRP Program allows certain eligible U.S. citizens and lawful permanent residents (LPRs) to apply for parole for their family members in Cuba. Operation Vigilant Sentry (OVS) Phase 1B, Information Memorandum for the Secretary from RADM Brendon C. McPherson, Director, Homeland Security Task ForceSoutheast, August 21, 2022. Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. Individuals may request employment authorization from USCIS. Under the Paperwork Reduction Act (PRA), 44 U.S.C. [110], Undertaking notice-and-comment rulemaking procedures would be contrary to the public interest because an advance announcement of the process would seriously undermine a key goal of the policy: it would incentivize even more irregular migration of Cuban nationals seeking to enter the United States before the process would take effect. While every effort has been made to ensure that Inquiries about the parole program and can be made to Havanauscis@dhs.gov or by calling 1-800-375-5283 toll free from the United States. National Security Council, noncitizens seeking to cross into the United States generally pay transnational criminal organizations (TCOs) to coordinate and guide them along the final miles of their journey. Citizenship and Immigration Services (USCIS) officers regularly approve adjustment applications where the applicants provided clear documentation indicating INA 212(d)(5) parole, such as an I-94 or Interim Notice Authorizing Parole, but they apply heightened scrutiny and deny applicants where such paperwork was not available or not submitted. Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice's publication, with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. 8. An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. 51. https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/. Only those who meet all specified criteria are eligible to receive advance authorization to travel to the United States and be considered for a discretionary grant of parole, on a case-by-case basis, under this process. The same logic applies here, where the Department is responding to exceedingly serious challenges at the border, and advance announcement of that response would significantly increase the incentive, on the part of migrants and others (such as smugglers), to engage in actions that would compound those very challenges. Fla.), USCIS published a notice informing certain Cuban nationals that they may file I-290B motions for up to one year (or a new I-485) if they were denied Cuban Adjustment for lack of a parole document. The supporter must submit a separate Form I-134A for each beneficiary they are seeking to support, including Cubans' immediate family members and minor children. Disincentivize a Dangerous Journey That Puts Migrant Lives and Safety at Risk and Enriches Smuggling Networks, 6. include documents scheduled for later issues, at the request Additionally, making it publicly known that we plan to return or remove nationals of Cuba to Mexico at a future date would likely result in an even greater surge in migration, as migrants rush to the border to enter before the process beginswhich would adversely impact each country's border security and further strain their personnel and resources deployed to the border. [71] documents in the last year. A number of cases follow this logic in the context of economic regulation.[114]. OIS analysis of CBP Unified Immigration Portal (UIP) data pulled on December 12, 2022. The United States' ability to execute this process is contingent on the GOM making an independent decision to accept the return or removal of Cuban nationals who bypass this new process and enter the United States without authorization. While this strategy shows great promise, it will take time to fully implement. The message is clear: Do not just show up at the border. Start Printed Page 1279 v. The major requirements are that the applicants must have been lawfully admitted or paroled into the United States and remained in the United States for at least one year before applying. Emer. Relevant information about this document from Regulations.gov provides additional context. Fewer international repatriation flights in turn exacerbates DHS's inability to return or remove noncitizens in its custody by sending the message that there is no consequence for illegal entry. These Migration Talks provide an opportunity for important discussions on mutual compliance with the Migration Accordscomposed of a series of binding bilateral agreements between the United States and Cuba signed in 1984, 1994, 1995, and 2017which establish certain commitments of the United States and Cuba relating to safe, legal, and orderly migration. Id. [39] 109. on Human Rights Watch, Prison or Exile: Cuba's Systematic Repression of July 2021 Demonstrators, July 11, 2022. the Department is merely adopting a general statement of policy, While these people have an application for adjustment pending, they will not be considered to have abandoned it. [34] The Parole Program (CP1) . [9] id. due to the lingering impact of the COVID-19 pandemic, reduced foreign aid from Venezuela because of that country's own economic crisis, high food prices, and U.S. economic sanctions. 12. Id. . The pageincludes exclusive content and tools that will help you as a legal practitioner. 10. He also said that his Administration had implemented a procedure to establish a process similar to the one that had been . v. Within a week of the October 12, 2022 announcement of that process, the number of Venezuelans encountered at the SWB fell from over 1,100 per day to under 200 per day, and as of the week ending December 4, to an average of 86 per day. In addition, permitting Cuban nationals to voluntarily depart or withdraw their application for admission one time and still be considered for parole through the process will reduce the burden on DHS personnel and resources that would otherwise be required to obtain and execute a final order of removal. The Venezuelan parole process has been open since Oct. 18, 2022. v. . parole). Adriana Gomez Licon, Associated Press, Coast Guard suspends search for migrants off Florida, Jan. 27, 2022, DHS anticipates that implementing a similar process for Cubans will reduce the number of Cubans seeking to irregularly enter the United States between POEs along the SWB or by sea by coupling a meaningful incentive to seek a safe, orderly means of traveling to the United States with the imposition of consequences for those who seek to enter without authorization pursuant to this process. 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