same Cuban detainee who could apply for Adjustment of Status if he was released on parole under . and traveling with a Cuban principal beneficiary; comply with all additional requirements, including vaccination requirements and other public health guidelines; and First on CNN: A Record Number of Migrants Have Died Crossing the US-Mexico Border Citizenship and Immigration Service (USCIS) has suspended operations at its field office in Havana. [39] 28. (Sept. 7, 2022), The Immigration and Nationality Act (INA or Act) provides the Secretary of Homeland Security with the discretionary authority to parole noncitizens into the United States temporarily under such reasonable conditions as [the Secretary] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.[64] The Public Inspection page 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 In the Caribbean, DHS also has surged significant resourcesmostly from USCGto address the heightened rate of maritime encounters. 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. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. 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. The numbers of Cubans encountered at the SWB are already high, and a delay would greatly exacerbate an urgent border and national security challenge, and would miss a critical opportunity to reduce and divert the flow of irregular migration. SEC., Oct. 5, 2022, https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream. 89. FY 2022 average monthly unique encounters of Cuban nationals at the land border totaled 17,809, a stark increase over the average monthly rate of 589 unique encounters in FYs 2014-2019. Id. . May 12, 2022 (last visited Dec. 17, 2022). [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. [95] 45. Verify if the individual arrived in the United States with parole status or applied for parole later (see Cuba is Facing Its Worst Shortage of Food Since 1990s, The number of travel authorizations granted under this process shall be spread across this process and the separate and independent Parole Process for Nicaraguans, the Parole Process for Haitians, and Parole Process for Venezuelans (as described in separate notices published concurrently in today's edition of the Meanwhile, these numbers do not account for the countless incidents of death, illness, and exploitation migrants experience during the perilous journey north. Sept. 21, 2022, Federal Register issue. Under the CAA, Public Law 89-732, Cuban citizens or natives qualify to adjust to lawful permanent resident (LPR) status as long as they: (1) have been inspected and admitted or paroled into the United States; (2) have been physically present in the United States for at least one year at the time of application; (3) are admissible to the United States; and (4) merit a favorable exercise of discretion. In addition, other countries, including Mexico, have generally refused to accept the returns of Cuban nationals, with limited exceptions including Cubans who have immediate family members who are Mexican citizens or who otherwise have legal status in Mexico. Supporters may be individuals filing on their own, with other individuals, or on behalf of non-governmental entities or community-based organizations. v. Prior to the October 12, 2022 announcement of the Venezuela process, DHS encountered approximately 1,100 Venezuelan nationals per day between POEswith peak days exceeding 1,500. 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. Last . documents in the last year, 822 1503 & 1507. www.uscis.gov/CHNV. Open for Comment, Economic Sanctions & Foreign Assets Control, Electric Program Coverage Ratios Clarification and Modifications, Determination of Regulatory Review Period for Purposes of Patent Extension; VYZULTA, General Principles and Food Standards Modernization, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 2. offers a preview of documents scheduled to appear in the next day's DHS, CBP, 9. Updated January 07, 2021 10:02 AM. 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. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 Id. [101] Citizenship and Immigration Services, Parole Process for Certain Cuban Nationals (Dec. 22, 2022). 82. 80. 03/01/2023, 159 For now, the GOM has indicated it is prepared to make an independent decision to accept the return or removal of Cuban nationals. [24] and stakeholders in the border region have expressed concern that shelters will eventually reach full bed space capacity and not be able to host any new arrivals. The change in policy essentially guts the Cuban Adjustment Act of 1966, which assumed that Cubans were political refugees who needed protection and allowed those who remained in the United States . 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. id. Mobil Oil Corp. Delaying issuance and implementation of this process to undertake rulemaking would undermine the foreign policy imperative to act now. https://www.kgun9.com/news/local-news/local-migrant-shelter-reaching-max-capacity-as-it-receives-hundreds-per-day. 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. July 1, 2021, paroled is a way that US Immigration and Customs Enforcement Department planned security allows a person into the US without having a valid visa, they parole . 108. CFRP provides a safe, orderly pathway to the United States for certain Cuban beneficiaries of approved family-based immigrant petitions. 115. 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. adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to . Any effort to meaningfully address the crisis in Cuba will require continued efforts by these and other regional partners. The invocation of the foreign affairs exemption here is also consistent with Department precedent. that agencies use to create their documents. documents in the last year, by the Food Safety and Inspection Service and the Food and Drug Administration 104. As part of the inspection, beneficiaries will undergo additional screening and vetting, to include additional fingerprint biometric vetting consistent with CBP inspection processes. A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS through the online myUSCIS web portal to initiate the process. Human Rights Watch, World Report 2022Cuba. The OFR/GPO partnership is committed to presenting accurate and reliable 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). 2012) (noting that the good cause exception is appropriately invoked when the timing and disclosure requirements of the usual procedures would defeat the purpose of the proposalif, for example, announcement of a proposed rule would enable the sort of financial manipulation the rule sought to prevent [or] in order to prevent the amended rule from being evaded (cleaned up)); If, for example, advance notice of a coming price increase would immediately produce market dislocations and lead to serious shortages, advance notice need not be given. As section 212(d)(5)(A) of the INA, 8 U.S.C. For example, in addition to the Venezuelan process described above, DHS concluded in January 2017 that it was imperative to give immediate effect to a rule designating Cuban nationals arriving by air as eligible for expedited removal because pre-promulgation notice and comment would . On April 25, 2022, USCIS opened a new process, Uniting for Ukraine, which allows displaced Ukrainians outside the United States to apply for advance permission to travel to the United States and be paroled. 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. In September 2022, a prolonged blackout caused by Hurricane Ian led to protests in Havana and other cities. The last decades have yielded a dramatic increase in encounters at the SWB and a dramatic shift in the demographics of those encountered. 10. If granted parole, these family members may come to the United States without waiting for their immigrant visas to become available. Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. Beneficiaries must follow all applicable requirements, as determined by DHS's Chief Medical Officer, in consultation with the Centers for Disease Control and Prevention, with respect to health and travel, including vaccination and/or testing requirements for diseases including COVID-19, polio, and measles. By regulation, parolees may apply for and be granted employment authorization to work lawfully in the United States.[68]. Beneficiaries also are eligible to apply for work authorization, thus enabling them to support themselves. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. 37. This notice describes the implementation of a new parole process for certain Cuban nationals, including the eligibility criteria and filing process. Border encounters in the 1980s and increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). 88. . DHS has lifted the previous cap of 24,000 Venezuelan beneficiaries and will now provide travel authorization to a total of 30,000 beneficiaries per month across the four countries. The new process also strengthens the foundation for the United States to press regional partnersmany of which are already taking important stepsto undertake additional actions with regards to this population, as part of a regional response. 2. INA sec. has no substantive legal effect. (last visited Dec. 17, 2022). Such processes are a key mechanism to advance the larger domestic and foreign policy goals of the U.S. Government to promote a safe, orderly, legal, and humane migration strategy throughout our hemisphere. Parole is discretionary and assessed by USCIS on a case-by-case basis. Pursuant to the previous wet-foot/dry-foot policy, Cubans detained at ports of entry were not subjected to expedited removal but rather paroled under INA 212(d)(5) to seek adjustment under the CAA. documents in the last year, 662 31. While every effort has been made to ensure that January 6, 2023, 6:18 PM. 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. Only those who meet specified criteria and pass national security and public safety vetting will be eligible for consideration for parole under this process. As it has for more than 30 years, CLINIC will fight for the rights of immigrants. The Cuban Adjustment Act of 1966, or CAA, created a pathway for Cubans and their family members to adjust status in the United States as long as they meet certain requirements. Parole is one of several authorities that allow foreign nationals to live and work in the United States without being formally admitted to the country and without having a set pathway to a permanent immigration status. 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. [21] Based on the new policy, simple release from DHS custody will be constituted as "parole" in case of this act. Includes Miami, FL; New Orleans, LA; and Ramey, PR sectors where all apprehensions are land apprehensions not maritime. However, this projected expansion is unlikely to respond to the needs of the Cuban people. https://www.techtransparencyproject.org/articles/inside-world-misinformation-targeting-migrants-social-media, Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. [22], Maritime migration from Cuba also increased sharply in FY 2022 compared to FY 2021. These can be useful It is the view of the United States that the implementation of this process will advance the Administration's foreign policy goals by demonstrating U.S. partnership and U.S. commitment to the shared goals of addressing migration through the hemisphere, both of which are essential to maintaining strong bilateral relationships. (h) Effect of parole of Cuban and Haitian nationals. As defined in 6 U.S.C. . Cuban Adjustment Act (CAA) Any Cuban who was admitted or paroled may, after one year of physical presence, apply for . Start Printed Page 1267 In an effort to decompress sectors that are experiencing surges, DHS deploys lateral transportation, using buses and flights to move noncitizens to other sectors that have additional capacity to process. [90] 1161 (1966) (8 U.S.C. Dec. 16, 2022, 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. Root Causes of Migration in Central America Deepening poverty, exacerbated by the COVID-19 pandemic, has led to food shortages and rolling blackouts, and continues to batter the economy. Adriana Gomez Licon, Associated Press, Coast Guard suspends search for migrants off Florida, Jan. 27, 2022, L. No. 13. L. No. Caribbean Council, [44] OIS Yearbook of Immigration Statistics, various years. 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