[17] To be eligible, the Cuban migrant on arrival has to be "inspected, admitted or paroled . 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. The GOC continues to repress and punish all forms of dissent and public criticism of the regime and has continued to take actions against those who oppose its positions. 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. 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. 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. chapter 35, all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any new reporting requirements they impose. The good news is that these applicants can now re-apply for adjustment under the CAA as the government has decided to apply a recent court decision to permit USCIS to characterize the government's release of "arriving aliens" from Cuba who were detained by the Department of Homeland Security (DHS) as a form of parole under the law. 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. This combination of factors has created untenable economic conditions on the island that are likely to continue to drive Cubans to travel irregularly to the United States in the immediate future. INA sec. 212(a)(9)(A), 8 U.S.C. The Public Inspection page may also fails to pass national security and public safety vetting or is otherwise deemed not to merit a favorable exercise of discretion; has crossed irregularly into the United States, between the POEs, after January 9, 2023, except individuals permitted a single instance of voluntary departure pursuant to INA section 240B, has irregularly crossed the Mexican or Panamanian border after January 9, 2023; or. 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. Increased resource demands translate into increased maintenance on those high demand air and sea assets. Because DHS assets are finite, using air resources to operate lateral flights reduces DHS's ability to operate international repatriation flights to receiving countries, leaving noncitizens in custody for longer and further taxing DHS resources. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, USCIS Announces Policy Change Regarding Parole Status of Certain Cubans, All About Cuban Adjustment: Frequently Asked Questions, Temporary Protected Status and Deferred Enforced Departure. 11. [79] If you are using public inspection listings for legal research, you Federal Register. Id. Moreover, USCG had to almost double its flight hour coverage per month to support migrant interdictions in FY 2022. 499 F.2d 1321, 1332 (Temp. 59. While every effort has been made to ensure that USCIS has submitted and OMB has approved a request for emergency authorization of the required changes (under 5 CFR 1320.13) for a period of 6 months. 101(a)(13)(B), 212(d)(5)(A), 8 U.S.C. The President of the United States manages the operations of the Executive branch of Government through Executive orders. HAVANA TIMES - On January 5, 2023, US President Joe Biden announced that Cubans, Nicaraguans and Haitians arriving at the US border will be returned to the countries they entered from or deported. For example, between July 2021 and August 2022, Coast Guard operational planners surged three times the number of large cutters to the South Florida Straits and the Windward Passage, four times the number of patrol boats and twice the number of fixed/rotary-wing aircraft to support maritime domain awareness and interdiction operations in the southeastern maritime approaches to the United States. 33. 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. In FY 2022, DHS had to utilize its above threshold reprogramming authority to identify approximately $281 million from other divisions in the Department to address SWB needs, to include facilities, transportation, medical care, and personnel costs. Regan, The message is clear: Do not just show up at the border. this court has held that, in special circumstances, good cause can exist when the very announcement of a proposed rule itself can be expected to precipitate activity by affected parties that would harm the public welfare.). 93. of our Southwest Border (SWB) by reducing the number of encounters of Cuban nationals crossing the border without authorization, as the U.S. Government continues to implement its broader, multi-pronged and regional strategy to address the challenges posed by a surge in migration. 91. 102. Only those who meet specified criteria and pass national security and public safety vetting will be eligible for consideration for parole under this process. Migrant Truck Crashes in Mexico Killing 54 [43] Mass shortages of dairy and other basic goods continue to persist, and Cubans wait in lines for hours to receive subsidized cooking oil or other basic goods. process. Frequently Asked Questions: Family Reunification Options for Afghans. an estimated 32 percent increase from FY 2021 (568 deaths) and a 195 percent increase from FY 2020 (254 deaths). 31. by the Housing and Urban Development Department has no substantive legal effect. [71] San Antonio Report, MIAMI Cuban migrants are coming to the United States in the highest numbers since the 1980 Mariel boatlift, arriving this time across the U.S. southern land border, not by sea. May 4, 2022, The increased rates of both migrant deaths and those needing rescue at the SWB demonstrate the perils in the migrant journey. 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. 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. . [6] (Apr. 3. [89] . 50. The Border's Toll: Migrants Increasingly Die Crossing into U.S. from Mexico For complete information about, and access to, our official publications Local officials and NGOs report that the temporary shelters that house migrants are quickly reaching capacity due to the high number of arrivals,[72] 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. National Security Council, If you are Cuban and currently in a third country, if you enter Panama or Mexico without a visa after the program's announcement on Thursday, Jan. 5, that disqualifies you from benefiting from. This process is exempt from notice-and-comment rulemaking and delayed effective date requirements on multiple grounds, and is therefore amenable to immediate issuance and implementation. 1. 1 Cuban Adjustment Act of 1966, Pub. U.S. Coast Guard. See Chamber of Commerce of U.S. 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. 17. In July 2022, the 19. 279(g)(2). All other countries accounted for an average of 5 percent of total SWB encounters in FY 2010-FY 2013, and for 10 percent of total encounters in FY 2014-FY 2019. In 1958, Congress passed a law opening a path to permanent residence for Hungarian parolees. The pageincludes exclusive content and tools that will help you as a legal practitioner. 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. 12. In short, as long as you are still living with your husband, you can apply under the CAA for a green card. legal research should verify their results against an official edition of [101] 115. 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. v. July 1, 2021, 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. the official SGML-based PDF version on govinfo.gov, those relying on it for 235.1(f)(4) Further, in November 2021, the Government of Nicaragua announced visa-free travel for Cubans. Terminated Parole Programs. 106. Implementation of a Parole Process for Venezuelans, 87 FR 63507 (Oct. 19, 2022). In January, the Biden administration approved a parole program that requires migrants to request a permit online before arriving with the sponsorship of a relative or friend in the U.S. A new. 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] documents in the last year, 24 edition of the Federal Register. [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. 2006) (The [good cause] exception excuses notice and comment in emergency situations, where delay could result in serious harm, or when the very announcement of a proposed rule itself could be expected to precipitate activity by affected parties that would harm the public welfare. (citations omitted)). 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] In September 2022, the U.S. Government announced the resumption of operations under the CFRP program, which allows certain beneficiaries of family-based immigrant petitions to seek parole into the United States while waiting for a visa number to become available. 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. 71. These can be useful 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. Ct. App. OneTM. Eligibility To Participate in the Process and Processing Steps, Step 3: Submit Request in CBP One Mobile Application, Step 4: Approval To Travel to the United States, D. Scope, Termination, and No Private Rights, https://www.federalregister.gov/d/2023-00252, MODS: Government Publishing Office metadata, https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf, https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/, https://english.elpais.com/international/2022-12-15/the-cuban-migration-crisis-biggest-exodus-in-history-holds-key-to-havana-washington-relations.html, https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html, https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/, https://www.nytimes.com/2022/05/03/world/americas/cuban-migration-united-states.html, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, https://www.caribbean-council.org/gil-says-economic-recovery-gradual-inflation-must-be-better-addressed/, https://www.washingtonpost.com/world/interactive/2022/cuba-economy-milk-shortage/, https://www.nytimes.com/2022/12/10/world/americas/cuba-us-migration.html, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/, https://crsreports.congress.gov/product/pdf/IF/IF10045, https://www.hrw.org/report/2022/07/11/prison-or-exile/cubas-systematic-repression-july-2021-demonstrators, https://www.hrw.org/world-report/2022/country-chapters/cuba, https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/, https://www.amnesty.org/en/latest/news/2022/10/cuba-repression-must-not-be-repeated/, https://www.oas.org/en/iachr/reports/ia.asp?Year=2021, https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf, https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office, https://sanantonioreport.org/migrant-aid-groups-stretched-thin-city-officials-seek-federal-help/, https://www.kgun9.com/news/local-news/local-migrant-shelter-reaching-max-capacity-as-it-receives-hundreds-per-day, https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th, https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html, https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream, https://www.reuters.com/article/uk-usa-immigration-mexico-accident-idUKKBN2IP01R, https://www.reuters.com/article/usa-immigration-border-deaths/the-borders-toll-migrants-increasingly-die-crossing-into-u-s-from-mexico-idUSL4N2Z247X, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019, https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239, https://www.dhs.gov/publication/update-southwest-border-security-and-preparedness-ahead-court-ordered-lifting-title-42, https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf, https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery, https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/, https://www.state.gov/migration-talks-with-the-government-of-cuba-2/, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, https://www.gpo.gov/fdsys/pkg/STATUTE-80/pdf/STATUTE-80-Pg1161.pdf, https://crsreports.congress.gov/product/pdf/R/R47246, https://www.techtransparencyproject.org/articles/inside-world-misinformation-targeting-migrants-social-media. Federal Register provide legal notice to the public and judicial notice 88. documents in the last year, 522 We hope you will join us. INA sec. OIS Yearbook of Immigration Statistics, various years. The United States will combine a consequence for Cuban nationals who seek to enter the United States irregularly at the land border with an incentive to use the safe, orderly process to request authorization to travel by air to, and seek parole to enter, the United States, without making the dangerous journey to the border. https://crsreports.congress.gov/product/pdf/R/R47246. Information about this document as published in the Federal Register. https://www.reuters.com/article/uk-usa-immigration-mexico-accident-idUKKBN2IP01R; 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] 67. It only takes a moment to sign up. Id. [39] [32], There are a number of economic and other factors that are driving migration of Cuban nationals. https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/ Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, USCG has surged resources and shifted assets from other missions due to this increased irregular maritime migration. 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. https://crsreports.congress.gov/product/pdf/IF/IF10045 [9] See5 U.S.C. notice is intended to provide appropriate context and guidance for the public regarding the policy and relevant procedures associated with this policy. on 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. The New York Times, 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. 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. In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. If approved, this authorization is generally valid for 90 days, and beneficiaries are responsible for securing their own travel via commercial air to an interior POE of the United States. Data are limited to USBP encounters to exclude those being paroled in through ports of entry. A limited number of removal flights will not, absent other efforts, impose a deterrent to Cuban nationals seeking to cross, unauthorized, into the United States. [42] (last viewed Dec. 16, 2022). Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 81 FR 5906, 5907 (Feb. 4, 2016) (finding the good cause exception applicable because of similar short-run incentive concerns). 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. documents in the last year. United States Cuban Adjustment Act, U.S. federal law (November 2, 1966) that was enacted with the intent of allowing Cuban natives or citizens in the United States to bypass standard immigration rules to more quickly and easily obtain lawful permanent residency (often called a "green card"). [11], Shifts in demographics have also had a significant effect on migration flows. 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. Building on the success of the Uniting for Ukraine (U4U) process and the Process for Venezuelans, DHS is implementing a similar process to address the increasing number of encounters of Cuban nationals at the SWB and at sea, which have reached record levels over the past six months. documents in the last year, 121 See82 FR 4902 (Jan. 17, 2017). By incentivizing individuals to seek a safe, orderly means of traveling to the United States through the creation of an alternative pathway to the United States, while imposing additional consequences to irregular migration, DHS assesses this process could lead to a meaningful drop in encounters of Cuban individuals along the SWB and at sea. 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. Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. 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. and traveling with a Cuban principal beneficiary; comply with all additional requirements, including vaccination requirements and other public health guidelines; and 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. Implementation of the new parole process for Cubans is [15], Cubans are fleeing the island in record numbers, eclipsing the mass exodus of Cuban migrants seen during the Mariel exodus of 1980. Second, the parole of illegally arriving Cubans was supplemented in 1966 by enactment of the Cuban Adjustment Act. 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. The Director shall have authority to establish and maintain appropriate files respecting each Mariel Cuban to be reviewed for possible parole, to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews. 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. 85. 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. OIS analysis of CBP subject-level data and OIS Persist Dataset based on data through November 30, 2022. 52. 30. See5 U.S.C. Start Printed Page 1278 The CAA provides that a Cuban who has been paroled into the country will automatically be granted legal permanent refugee status one year after entry as long as criminal or other deportable acts have not been committed by the Cuban. 68. 46. ; accord, e.g., 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. 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