62. USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. Approved beneficiaries through this process will enter the United States as parolees but will be eligible to apply for adjustment to lawful permanent resident (LPR) status once their immigrant visas become available. These can be useful Impact on DHS Resources and Operations, 1. INA sec. Emer. The temporary, case-by-case parole of qualifying Cuban nationals pursuant to this process will provide a significant public benefit for the United States, by reducing unauthorized entries along our SWB, while also addressing the urgent humanitarian reasons that are driving hundreds of thousands of Cubans to flee their home country, to include crippling economic conditions and dire food shortages, widespread social unrest, and the Government of Cuba's (GOC) violent repression of dissent. case-by-case basis and conduct vetting, these requirements involve different parts of DHS and require fewer resources as compared to the status quo. 58. This notice describes a new effort designed to enhance the security Absent such evidence, a Cuban paroled after May 18, 1980, would only be able to seek adjustment of status under section 209 if he or she was granted status as an asylee. Dec. 16, 2022, https://www.hrw.org/report/2022/07/11/prison-or-exile/cubas-systematic-repression-july-2021-demonstrators. See, e.g., [19] It is clear that USCIS also elected to limit application of this policy to those released by DHS (whether with or without requiring bond) and not an immigration judge, and those released prior to the entry of a removal order. [71] The complete reasons for the Secretary's decision are included in that memorandum. Parole is discretionary and assessed by USCIS on a case-by-case basis. It is not an official legal edition of the Federal 36. The sharp increase in maritime migration has also had a substantial impact on DHS resources. DHS assesses that without additional and more immediate consequences imposed on those who seek to do so, together with a safe and orderly process for Cubans to enter the United States, without making the journey to the SWB, the numbers will continue to grow. From 1962 to 1966, the United States paroled in roughly 15,000 . 85. United States legally by virtue of the "parole power, . Interested in learning more about affiliation? To be eligible, individuals must have a supporter in the United States who agrees to provide financial support for the duration of the beneficiary's parole period, pass national security and public safety vetting, and fly at their own expense to an interior POE, rather than entering at a land POE. Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. However, this projected expansion is unlikely to respond to the needs of the Cuban people. Read through our frequently asked questions to get started. Northern Central America refers to El Salvador, Guatemala, and Honduras. This table of contents is a navigational tool, processed from the In the interim, the U.S. government needs to take immediate steps to provide safe, orderly, humane pathways for the large numbers of individuals seeking to enter the United States and to discourage such individuals from taking the dangerous journey to and arriving, without authorization, at the SWB. According to OIS analysis of CBP data, Mexican nationals continued to account for 89 percent of total SWB encounters in FY 2010, with Northern Central Americans accounting for 8 percent and all other nationalities for 3 percent. Third, the United States faces significant limits on the ability to return Cuban nationals who do not establish a legal basis to remain in the United States to Cuba or elsewhere; absent the ability to return Cubans who do not have a lawful basis to stay in the United States, more individuals are willing to take a chance that they can comeand stay. [85], DHS anticipates this process will save lives and undermine the profits and operations of the dangerous TCOs that put migrants' lives at risk for profit because it incentivizes intending migrants to use a safe and orderly means to access the United States via commercial air flights, thus ultimately reducing the demand for smuggling networks to facilitate the dangerous journey to the SWB. demonstrate sufficient financial resources to receive, maintain, and support the intended beneficiary whom they commit to support for the duration of their parole period. OMB has previously approved an emergency request under 5 CFR 1320.13 for a revision to an information collection from CBP entitled Advance Travel Authorization (OMB control number 1651-0143). Due to the global COVID-19 pandemic, the GOC stopped accepting regular returns of their nationals via U.S. Immigration and Customs Enforcement (ICE) aircraft after February 28, 2020. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. 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. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 This FAQ provides an overview of both the traditional immigration pathways as well as the new avenues for refugee processing and family reunification available to Afghan evacuees. [83], The increase in migrants taking to sea, under dangerous conditions, has led to devastating consequences. 1182(d)(5)(A). New York Times, This program, the Cuban Family Reunification Parole Program (CFRPP), allows permanent residents and U.S. citizens to file family-based petitions to help Cuban relatives immigrate to the United States. Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. Migration Talks with the Government of Cuba, It remains to be seen whether USCIS will extend this interpretation to individuals seeking employment authorization pursuant to 8 CFR 247a.12(c)(11) based on having been paroled, or to individuals seeking INA 245(a) adjustment based on a qualifying family relationship to a U.S. citizen or LPR. even if this process were considered to be a legislative rule that would normally be subject to requirements for notice-and-comment rulemaking and a delayed effective date, the process would be exempt from such requirements because it involves a foreign affairs function of the United States. 39. At the same time, between 2013 and 2021, among those placed in expedited removal, the share making fear claims increased from 16 to 82 percent. OMB has approved the emergency request for a period of 6 months. During this two-year period, the United States will continue to build on the multi-pronged, long-term strategy with our foreign partners throughout the region to support conditions that would decrease irregular migration, work to improve refugee processing and other immigration pathways in the region, and allow for increased removals of Cubans from the United States and partner nations who continue to migrate irregularly but who lack a valid claim of asylum or other forms of protection. 44. Based on the new policy, simple release from DHS custody will be constituted as "parole" in case of this act. [57], The impact has been particularly acute in certain border sectors. 34. [41] Del Rio sector is geographically remote, and becauseup until the past two yearsit has not been a focal point for large numbers of individuals entering irregularly, it has limited infrastructure and personnel in place to safely process the elevated encounters that they are seeing. of the issuing agency. New Documents Specifically, we anticipate that the parole of eligible individuals pursuant to this process will: (i) enhance border security through a reduction in irregular migration of Cuban nationals, including by imposing additional consequences on those who seek to enter between POEs; (ii) improve vetting for national security and public safety; (iii) reduce strain on DHS personnel and resources; (iv) minimize the domestic impact of irregular migration from Cuba; (v) provide a disincentive to undergo the dangerous journey that puts migrant lives and safety at risk and enriches smuggling networks; and (vi) fulfill important foreign policy goals to manage migration collaboratively in the hemisphere and, as part of those efforts, to establish additional processing pathways from within the region to discourage irregular migration. https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/ On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. Parole for Cuban doctors in 2023. These vessels often lack any safety equipment, including but not limited to: personal flotation devices, radios, maritime global positioning systems, or vessel locator beacons. A Notice by the Homeland Security Department on 01/09/2023. 51. The CMMS and the L.A. Since FY 2021, DHS has built and now operates 10 soft-sided processing facilities at a cost of $688 million. (last visited Dec. 17, 2022). 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. EPA, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019. Ct. App. The Yuma Sector is along the Colorado River corridor, which presents additional challenges to migrants, such as armed robbery, assault by bandits, and drowning, as well as to the U.S. Border Patrol (USBP) agents encountering them. process. electronic version on GPOs govinfo.gov. v. [53] https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s Id. corresponding official PDF file on govinfo.gov. Along with the Venezuelan process, this new process adds to these efforts and enables the United States to lead by example. These trends are only accelerating in FY 2023. . [45], According to a Human Rights Watch report, the GOC also committed extensive human rights violations in response to massive anti-government protests in July 2021 with the apparent goal of punishing protesters and deterring future demonstrations. About the Federal Register along with the advanced parole, the alien should submit supporting documentation to establish NACARA eligibility. 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. 1161, (as amended by OIS Yearbook of Immigration Statistics, various years. i.e., and traveling with a Cuban principal beneficiary; comply with all additional requirements, including vaccination requirements and other public health guidelines; and 1182(d)(5)(A); 98. 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