DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. 1. DHS will begin using the Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. Since Cuban nationals account for a significant percentage of the individuals being conditionally released into communities after being processed along the SWB, this parole process will address these concerns by diverting flows of Cuban nationals into a safe and orderly process in ways that DHS anticipates will yield a decrease in the numbers arriving at the SWB. OIS analysis of historic CBP and USCIS data and OIS Enforcement Lifecycle through June 30, 2022. 25. 514 F.2d 1064, 1068 (Temp. But ending a policy that has allowed hundreds of thousands of people to come to the United States without a visa also aligns with Trump's commitment to tough immigration policies. For now, the GOM has indicated it is prepared to make an independent decision to accept the return or removal of Cuban nationals. 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. In its notice, USCIS indicated that this new process is available for natives or citizens of Cuba who: This notice appears to indicate a welcome shift in USCIS policy, at least in CAA cases, towards an acceptance of the Jennings v. Rodriguez decision, which treated releases of arriving aliens from DHS custody under INA 235 as being a form of parole under INA 212(d)(5). Id. United States legally by virtue of the "parole power, . DHS, CBP, On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. 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. The Secretary retains the sole discretion to terminate the Parole Process for Cubans at any point. 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. [80] DHS sets the duration of the parole based on the purpose for granting the parole request and may impose reasonable conditions on parole. 114. (Sept. 7, 2022), [84] on NARA's archives.gov. To respond to the increase in encounters along the SWB since FY 2021an increase that has accelerated in FY 2022, driven in part by the number of Cuban nationals encounteredDHS has taken a series of extraordinary steps. 48. The U.S. Government has been working with the GOC to restart the Cuba Migration Accords. The United States will only implement the new parole process while able to return or remove to Mexico Cuban nationals who enter without authorization across the SWB. U.S. Coast Guard. [15], Cubans are fleeing the island in record numbers, eclipsing the mass exodus of Cuban migrants seen during the Mariel exodus of 1980. 106. 94. https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf. https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html Parole is discretionary and assessed by USCIS on a case-by-case basis. USCIS is leveraging technological and process efficiencies to minimize processing times for requests for employment authorization. The increased rates of both migrant deaths and those needing rescue at the SWB demonstrate the perils in the migrant journey. In response to a class action complaint filed in Rabelo v. Mayorkas, 1:21-cv-23213-BB (S.D. This long-term strategya shared endeavor with partner nationsfocuses on addressing the root causes of migration, which are currently fueling unprecedented levels of irregular migration, and creating safe, orderly, and humane processes for migrants seeking protection throughout the region. See, e.g., Nader 57. 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. [40] Emer. INA sec. The Venezuela process demonstrates that combining a clear and meaningful consequence for irregular entry along the SWB with a significant incentive for migrants to wait where they are and use a safe, orderly process to come to the United States can change migratory flows. has no substantive legal effect. The following chart describes coding on various immigration forms that identify the individual as a current or 'past' refugee. Supporters may be individuals filing on their own, with other individuals, or on behalf of non-governmental entities or community-based organizations. 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. CBP and ICE detailed a combined 3,770 officers and agents to the SWB to effectively manage this processing surge. In response to the persistently elevated levels of irregular maritime migration across all southeast vectors, the Director of Homeland Security Task Force-Southeast (HSTF-SE) elevated the operational phase of DHS's maritime mass migration plan (Operation Vigilant Sentry) from Phase 1A (Preparation) to Phase 1B (Prevention). 80. Second, Miami Herald, On April 19, 2022, DHS designated Ukraine for Temporary Protected Status, or TPS, which would allow Ukrainians who were physically present in the U.S. on April 19, 2022, and meet other requirements to seek temporary lawful status. informational resource until the Administrative Committee of the Federal [54] Although this policy officially ended under President Obama in 2017, many officers have continued to release Cubans at the border pending their INA 240 proceedings, with or without issuing them documentation reflecting INA 212(d)(5) parole. Beneficiaries also are eligible to apply for work authorization, thus enabling them to support themselves. . Thus far in FY 2023, Del Rio and Yuma sectors have accounted for 72 percent of unique encounters of Cuban nationals. 79. Enter your Department of State case number for your . (last visited Dec. 17, 2022). Declaration specifically lays out the goal of collectively expand[ing] access to regular pathways for migrants and refugees.[91]. Under the Paperwork Reduction Act (PRA), 44 U.S.C. Declaration). This is likely because each of these categories of releases are governed by discrete sections of the INA (section 236 for releases on order by an immigration judge, and section 241 for post-removal-order releases on supervision by DHS). . The first 10 days of December 2022 saw 15,657 encounters of Cubans at the SWB. https://english.elpais.com/international/2022-12-15/the-cuban-migration-crisis-biggest-exodus-in-history-holds-key-to-havana-washington-relations.html [112] 84. id. Apr. See5 U.S.C. As defined in 6 U.S.C. 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. The last decades have yielded a dramatic increase in encounters at the SWB and a dramatic shift in the demographics of those encountered. (last visited Sept. 25, 2022). the Federal Register. Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. for better understanding how a document is structured but 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. headings within the legal text of Federal Register documents. 58. 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. CNN, 110. meet the definition of an arriving alien under 8 CFR 1.2; were, prior to the entry of a removal order under INA 240, initially released by DHS from its custody into the United States under INA 236 (for example, with a Form I-220A, Order of Release on Recognizance, or on a DHS Bond under INA 236). 13. On November 15, 2022, U.S. and Cuban officials met in Havana to discuss the implementation of the Accords and to underscore our commitment to pursuing safe, regular, and humane migration between Cuba and the United States. If the Cuban Adjustment Act is not an option, a special parole program may be explored. While these efforts represent important progress for certain Cubans who are the beneficiaries of a family-based immigrant petition, CFRP's narrow eligibility, challenges faced FEMA funding has supported building significant NGO capacity along the SWB, including a substantial increase in available shelter beds in key locations. Public Law 89-732, Cuban Adjustment Act of 1966 (CAA), Nov. 2, 1966, Specifically, DHS has eliminated a special parole policy for arriving Cuban nationals commonly known as the "wet-foot/dry-foot" policy, as well as a policy for Cuban medical professionals known as the Cuban Medical Professional Parole Program. In a remarkable 24-page interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. This process is being implemented as a matter of the Secretary's discretion. USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. (last visited Dec. 17, 2022). 553(d)(2). Approval of advance authorization to travel does not guarantee parole into the United States. 117. [92] Id. 51. All individuals two years of age or older will be required to complete a medical screening for tuberculosis, including an IGRA test, within 90 days of arrival to the United States. Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. On Mexican migrants from this era's demographics and economic motivations see Jorge Durand, Douglas S. Massey, and Emilio A. Parrado, The New Era of Mexican Migration to the United States, See, e.g., Chamber of Commerce of U.S. 44. Cuba Briefing, July 25, 2022, Since FY 2021, DHS has built and now operates 10 soft-sided processing facilities at a cost of $688 million. The Cuban Adjustment Act of 1966 (CAA) allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a Green Card). include documents scheduled for later issues, at the request Cuban Family Reunification Parole (CFRP) program. They also are only authorized to come to the United States if they have a supporter who has agreed to receive them and provide basic needs, including housing support. Register (ACFR) issues a regulation granting it official legal status. Cuban President Miguel Daz-Canel denounced the peaceful gatherings as counterrevolutionary and indecent, remarking that [d]emonstrations of this type have no legitimacy.[50] This resource answers frequently asked questions about the CAA, including those regarding the eligibility requirements of inspection and admission or parole, physical presence, and admissibility. 64. 18. Ct. App. 89-732, 80 Stat. We cultivate projects that support and defendvulnerable immigrant populations by: History has taught us that people who step up can make a difference. On April 19, 2022, DHS designated Ukraine for Temporary Protected Status, or TPS, which would allow Ukrainians who were physically present in the U.S. on April 19, 2022, and meet other requirements to seek temporary lawful status. Vol. Cuba is Facing Its Worst Shortage of Food Since 1990s, 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. Id. Just 6 did so illegally. Start Printed Page 1271, As a result, the U.S. did not return any Cuban nationals directly to Cuba in FY 2022. For instance: The Cuban Adjustment Act contains a "roll back" provision, which back-dates permanent residency approval by 30 months; An "asylum" claim is not required. DHS assesses that the highand risingnumber of Cuban nationals encountered at the SWB and interdicted at sea is driven by three key factors: First, Cuba is facing its worst economic crisis in decades due to the lingering impacts of the COVID-19 pandemic, high food prices, and economic sanctions. Id. 49. Declaration call for a collaborative and regional approach to migration, wherein countries in the hemisphere commit to implementing programs and processes to stabilize communities hosting migrants or those of high outward-migration; humanely enforce existing laws regarding movements across international boundaries, especially when minors are involved; take actions to stop migrant smuggling by targeting the criminals involved in these activities; and provide increased regular pathways and protections for migrants residing in or transiting through the 21 countries. have a U.S.-based supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed; possess an unexpired passport valid for international travel; provide for their own commercial travel to an air POE and final U.S. destination; undergo and pass required national security and public safety vetting; demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, as described above, and that a favorable exercise of discretion is otherwise merited. The New York Times, [11], Shifts in demographics have also had a significant effect on migration flows. 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. v. The case-by-case temporary parole of individuals pursuant to this process will address the urgent humanitarian needs of Cuban nationals who have fled crippling economic conditions and social unrest in Cuba. Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. [36] Any new evidence of INA 212(d)(5) parole issued by DHS should also be included in the filing, if applicable. Callers outside the United States may . (last visited Dec. 16, 2022). 441 U.S. 281, 302 n.31 (1979)). on The documents posted on this site are XML renditions of published Federal 109. ing able to obtain legal status in the United States without having to travel abroad to apply for an immigrant visa at a foreign United States . notice is intended to provide appropriate context and guidance for the public regarding the policy and relevant procedures associated with this policy. . [90] Cuba remains a one-party authoritarian regime under the Communist Party of Cuba (PCC) government, which continues to restrict freedoms of expression, association, peaceful assembly, and other human rights. (Sept. 7, 2022), Beginning in the 2010s, a growing share of migrants have come from Northern Central America[13] documents in the last year, by the Food Safety and Inspection Service and the Food and Drug Administration on Despite an improvement of relations with Cuba, the CAA is alive and well, and many Cubans continue to be eligible to adjust under its parameters. Id. OIS analysis of CBP subject-level data and OIS Persist Dataset based on data through November 30, 2022. Joint DHS and DOD Brief on Mass Maritime Migration, August 2022. contingent on the GOM accepting the return, departure, or removal to Mexico of Cuban nationals seeking to enter the United States without authorization between POEs on the SWB. on Only official editions of the 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream. Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian to be considered for parole at the POE under the process. Reuters, The White House, Oct. 5, 2022, 7. Congressional Research Service, The beneficiary will be required to confirm their biographic information in their online account and attest to meeting the eligibility requirements. The Cuban Migration Crisis, Biggest Exodus in History Holds Key to Havana-Washington Relations, In FY 2022, more than 750 migrants died attempting to enter the United States across the SWB,[75] documents in the last year, 822 of the issuing agency. 5 U.S.C. id. [1] See Notwithstanding any other provision respecting parole, the determination whether to release on parole, or to revoke the parole of, a native of Cuba who last came to the United States between April 15, 1980, and October 20, 1980, shall be governed by the terms of 212.12. DHS, CBP, 65. INA sec. See5 U.S.C. Increased resource demands translate into increased maintenance on those high demand air and sea assets. 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. to the courts under 44 U.S.C. [25] 682 F.3d 87, 94-95 (D.C. Cir. October 2, 2022, Parole is an available tool under the Immigration and Nationality Act (INA) that allows certain individuals to enter the U.S. and temporarily stay without an immigrant or non-immigrant visa. Ct. App. In FY 2022, DHS encountered 2,657 unique Cuban nationals (46 percent of total unique encounters), an increase of 1,040 percent compared to FY 2021. 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. This limitation does not apply to immediate family members traveling with a Cuban national. Frequently Asked Questions: Family Reunification Options for Afghans. 728 F.2d 1477, 1492 (Temp. This law benefits those born in Cuba or those who have obtained Cuban nationality. (last visited Dec. 17, 2022). The monthly average of 31,394 unique Cuban nationals is a 76 percent increase over the FY 2022 monthly average. This prototype edition of the DHS cited the prospect that publication of the rule as a proposed rule, which would signal a significant change in policy while permitting continuation of the exception for Cuban nationals, could lead to a surge in migration of Cuban nationals seeking to travel to and enter the United States during the period between the publication of a proposed and a final rule.[117] Start Printed Page 1270 Help representatives gain crucial training. Disincentivize a Dangerous Journey That Puts Migrant Lives and Safety at Risk and Enriches Smuggling Networks, 6. Along with the Venezuelan process, this new process adds to these efforts and enables the United States to lead by example. In addition to the supporter requirement, Cuban nationals and their immediate family members must meet several eligibility criteria in order to be considered, on a case-by-case basis, for advance travel authorization and parole. [29] 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. [19] Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. After completing Step 3, the beneficiary will receive a notice in their myUSCIS account confirming whether CBP has, in CBP's discretion, provided the beneficiary with advance authorization to travel to the United States to seek a discretionary grant of parole on a case-by-case basis. 61. 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. Providing a safe and orderly alternative path is expected to also reduce the number of Cubans who seek to enter the United States by sea, and will allow USCG to better balance its other important missions, including its counter-drug smuggling operations, protection of living marine resources, support for shipping navigation, and a range of other critical international engagements. 54. Migrant Truck Crashes in Mexico Killing 54 DHS and federal partners have taken extraordinary measuresincluding the largest-ever surge of resources against human-smuggling networksto combat and disrupt the TCOs and smugglers and will continue to do so. Reuters, [9] 1503 & 1507. Declaration), which was endorsed in June 2022 by 21 countries. The report documents a wide range of human rights violations against well-known government critics and ordinary citizens, including, arbitrary detention, prosecutions without fair trial guarantees, and cases of physical ill treatment, including beatings that in some cases constitute torture. [34] Updated January 07, 2021 10:02 AM. 03/01/2023, 205 This PDF is documents in the last year, 983 This trend also has accelerated sharply in FY 2023, as CBP has made 1,917 unique encounters of Cuban nationals in the first two months of the FYalmost three-quarters of FY 2022's total. The supporter will then be vetted by USCIS to protect against exploitation and abuse, and to ensure that the supporter is able to financially support the beneficiary whom they agree to support. [20] Administration officials called on Congress to repeal the Cuban Adjustment Act. [78] This program allows eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. See Daniel Delgado, Acting Director, Border and Immigration Policy, Office of Strategy, Policy, and Plans, Department of Homeland Security, 2707 Martin Luther King Jr. Ave. [57], The impact has been particularly acute in certain border sectors. In this notice, irregular migration refers to the movement of people into another country without authorization. This information is not part of the official Federal Register document. 37. Dep't of Energy, Mukasey, Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. 92. Article. Start Printed Page 1278 Nevertheless, local communities have reported strain on their ability to provide needed social services. 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. Reuters, Nicaragua Eliminates Visa Requirement for Cubans, November 23, 2021, Similar to Venezuela, Cuba has restricted DHS's ability to remove individuals to Cuba, which has constrained the Department's ability to respond to this surge. The process announced by this notice requires changes to two collections of information, as follows. documents in the last year, 24 . (CP1) to travel to the U.S. with parole, without waiting in Cuba for an . For purposes of this process, immediate family members are limited to a spouse, common-law partner, and/or unmarried child(ren) under the age of 21. Returns alone, however, are not sufficient to reduce and divert the flows of Cubans. [66] [39] https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/. While every effort has been made to ensure that The Journal of American History Parole is not an admission of the individual to the United States, and a parolee remains an applicant for admission during the period of parole in the United States. 1975) ([W]e think good cause was present in this case based upon [the agency's] concern that the announcement of a price increase at a future date could have resulted in producers withholding crude oil from the market until such time as they could take advantage of the price increase.). Whether to parole the individual is a discretionary determination made by CBP at the POE at the time the individual arrives at the interior POE. 113. 1182(a)(9)(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] Pub. v. We hope you will join us. 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. [59] El Paso sector has relatively modern infrastructure for processing noncitizens encountered at the border but is far away from other CBP sectors, which makes it challenging to move individuals for processing elsewhere during surges. 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. In November 2022, USBP sectors along the SWB operated a combined 602 decompression bus routes to neighboring sectors and operated 124 lateral decompression flights, redistributing noncitizens to other sectors with additional capacity.[61]. 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( S.D dep't of Energy, Mukasey, Frequently Asked Questions on the parole process for,! Include documents scheduled for later issues, Humanitarian parole, Frequently Asked Questions on parole... Of unique encounters of Cubans at the request Cuban family Reunification parole ( CFRP program. Options for Ukrainians later issues, at the request Cuban family Reunification Options for Afghans by USCIS on a basis! Which was endorsed in June 2022 by 21 countries Register document this limitation does not apply to family. Eligible U.S. citizens and lawful permanent residents to apply for work authorization, thus enabling them support! Which was endorsed in June 2022 by 21 countries Mukasey, Frequently Asked Questions on parole... Parole ( CFRP ) program not part of the Secretary retains the sole cuban adjustment without parole to terminate the parole for! Of collectively expand [ ing ] access to regular pathways for migrants and.! 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