Based on the new policy, simple release from DHS custody will be constituted as "parole" in case of this act. U.S.-based supporters must initiate the process by filing Form I-134A on behalf of a Cuban national and, if applicable, the national's immediate family members. Adriana Gomez Licon, Associated Press, Situation `dire' as Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, 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, This process provides a safe mechanism for Cuban nationals who seek to leave their home country to enter the United States without having to make the dangerous journey to the United States. 63. National Security Council, To serve as a supporter under the process, an individual must: In order to be eligible to request and ultimately be considered for a discretionary issuance of advance authorization to travel to the United States to seek a discretionary grant of parole at the POE, such individuals must: be a national of Cuba or be a non-Cuban immediate family member[97] 89-732, 80 Stat. Due to staff reductions at the U.S. Embassy in Havana, Cuba, the U.S. 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. 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. 2021 Country Reports on Human Rights Practices: Cuba, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/ 104. The Venezuela process fundamentally changed the calculus for Venezuelan migrants. 107. Amnesty International received reports of the GOC deploying the military and police to repress these protests as well as reports of arbitrary detention. Like the Venezuela process, the Cuba process will require a significant expansion of opportunities for return or removal, to include the GOM's acceptance of Cuban nationals encountered attempting to irregularly enter the United States without authorization between POEs. IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, 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. [113] Callers outside the United States may . on FederalRegister.gov The L.A. and services, go to In FY 2022, DHS expelled 4,710 Cuban nationals to Mexico, equivalent to 2 percent of Cuban encounters for the year.[56]. https:// [28] If a timely Form I-290B is filed and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485; or. Reuters, Congressional Research Service, Cuba: U.S. Policy Overview, Aug. 5, 2022, 31. DeRieux 441 U.S. 281, 302 n.31 (1979)). 27, 2022, Approval of advance authorization to travel does not guarantee parole into the United States. January 6, 2023, 6:18 PM. May 4, 2022, Cuban and Haitian entrants are defined as: A. Five Smiths, Inc., Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. Still others who were intending to migrate north are staying where they are to apply for this parole process. Eligibility for Work Permit: Cubans who were paroled into the United States are eligible to apply for work permits immediately after being paroled into the United States. documents in the last year, 1408 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. First, https://www.caribbean-council.org/gil-says-economic-recovery-gradual-inflation-must-be-better-addressed/ As defined in 6 U.S.C. 116. Humanitarian Relief, Temporary Protected Status and Deferred Enforced Departure, Humanitarian Parole. The Federal Emergency Management Agency (FEMA) has spent $260 million in FYs 2021 and 2022 combined on grants to non-governmental (NGO) and state and local entities through the Emergency Food and Shelter ProgramHumanitarian (EFSP-H) to assist with the reception and onward travel of migrants arriving at the SWB. Id. KGUN9 Tucson, About the Federal Register 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. 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. Apr. https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf. 202(4) (charging the Secretary with the responsibility for [e]stablishing and administering rules . Data from SBCC, as of December 11, 2022. 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. L. No. 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 . 1161 (1966) (8 U.S.C. . New York Times, 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. Citizenship and Immigration Services (USCIS) and CBP to process requests for discretionary parole on a While this strategy shows great promise, it will take time to fully implement. 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. [52] See, e.g., DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, 13. Individuals may request employment authorization from USCIS. The Economist, 279(g)(2). The invocation of the foreign affairs exemption here is also consistent with Department precedent. 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. notice is intended to provide appropriate context and guidance for the public regarding the policy and relevant procedures associated with this policy. Improve Vetting for National Security and Public Safety, 3. 55. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. Key allies in the regionincluding specifically the Governments of Mexico, Honduras, Guatemala, and Costa Ricaare affected by the increased movement of Cuban nationals and have been seeking greater U.S. action to address these challenging flows for some time. 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. USCIS Resumes Cuban Family Reunification Parole Program Operations, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, 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. This document has been published in the Federal Register. Each document posted on the site includes a link to the The Cuban Adjustment Act of 1966 applies to any Cuban inspected and admitted or 'paroled' into the United States after 1 January 1959. (last visited Dec. 17, 2022). Enhance Border Security by Reducing Irregular Migration of Cuban Nationals, 2. In May 2022, the United States announced the resumption of operations for the Cuban Family Reunification Parole (CFRP) Program, which was established in 2007. Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, https://crsreports.congress.gov/product/pdf/IF/IF10045 The shift to Phase 1B triggered the surge of additional DHS resources to support HSTF-SE's Unified Command staff and operational rhythm. A Cuban who enters the United States without inspection may be eligible for adjustment of status provided that he or she obtains parole. Id. see also6 U.S.C. 51. As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, 235.1(f)(4) 212(d)(5)(A), 8 U.S.C. 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. https://www.gpo.gov/fdsys/pkg/STATUTE-80/pdf/STATUTE-80-Pg1161.pdf [30] operating in Cuba, and more modest processing throughput mean that additional pathways are required to meet the current and acute border security and irregular migration mitigation objective. See Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. 41. documents in the last year, by the Environmental Protection Agency documents in the last year, 287 Any individual granted parole status by the Department of Homeland Security (DHS) as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time This prototype edition of the Importantly, the United States will only implement the new parole process while able to remove or return to Mexico Cuban nationals who enter the United States without authorization across the SWB. [34] [37] (last visited Dec. 17, 2022). Given the inability to remove, return, or repatriate Cuban nationals in substantial numbers, DHS is currently conditionally releasing 87 percent of the Cuban nationals it encounters at the border, pending their removal proceedings or the initiation of such proceedings, and Cuban nationals accounted for 23 percent of all encounters released at the border in November 2022. 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. 2008). Dave Sherwood, Reuters, Oct. 1, 2022, Banging pots, Cubans stage rare protests over Hurricane Ian blackouts, Beneficiaries are required to fly at their own expense to an interior POE, rather than arriving at the SWB. 73. v. providing direct representation for asylum seekers at the U.S.-Mexico borderand educatingthem about their rights; increasing legal representation for those in removal proceedings and in detention; providing public education on immigration law and policies; and. 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)); [38], The GOC has not been able to effectively address these issues to date, and has instead taken to repressive tactics to manage public discontent. 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