Document page views are updated periodically throughout the day and are cumulative counts for this document. 212(d)(5)(A), 8 U.S.C. The increased volume of provisional releases of Cuban nationals puts strains on U.S. border communities. 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. on 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. DHS anticipates that this process will help minimize the burden on communities, state and local governments, and NGOs who support the reception and onward travel of migrants arriving at the SWB. Human Rights Watch, Prison or Exile: Cuba's Systematic Repression of July 2021 Demonstrators, July 11, 2022. 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. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 The Venezuelan parole process has been open since Oct. 18, 2022. KGUN9 Tucson, . Id. 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. We hope you will join us. USCIS is leveraging technological and process efficiencies to minimize processing times for requests for employment authorization. https://www.state.gov/migration-talks-with-the-government-of-cuba-2/. 55. USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. 1255 note), for which they may be eligible, and to work and contribute to the United States. National Security Council, [29] Id. 117. The government routinely blocks any attempts to peacefully assemble that might result in opposition to, or criticism of, the government. and traveling with a Cuban principal beneficiary; comply with all additional requirements, including vaccination requirements and other public health guidelines; and 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. governing . 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. It was enacted by the US government on November 2, 1966 in order to help Cuban citizens fleeing that country. 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. Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. [22], Maritime migration from Cuba also increased sharply in FY 2022 compared to FY 2021. [57], The impact has been particularly acute in certain border sectors. The monthly average of 31,394 unique Cuban nationals is a 76 percent increase over the FY 2022 monthly average. 1182(d)(5)(A), provides, parole decisions are made by the Secretary of Homeland Security in his discretion.. On Feb. 23, 2022, USCIS announced that it would implement a process for certain Cubans previously denied adjustment under the CAA based solely on a determination that they did not meet their burden of establishing that they had admitted or paroled. These markup elements allow the user to see how the document follows the services and Income Maintenance programs after adjustment. parole, in contrast to 212(d)(5) parole, does not provide eligibility for work authorizaon. U.S.-based supporters will submit USCIS Form I-134A online on behalf of a beneficiary to demonstrate that they can support the beneficiary for the duration of their temporary stay in the United States. [53] DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, Under these parole programs, nationals of the four countries who are outside the United States may apply for advance permission to travel to the United States and enter through a grant of parole. It is not an official legal edition of the Federal 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. As it has for more than 30 years, CLINIC will fight for the rights of immigrants. However, Cubans who were not paroled into the United States may only file an application for a work permit concurrently with their applications for a green card. 47. Migrants Risk Death Crossing Treacherous Rio Grande River for `American Dream' (July 25, 2022), 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. About the Federal Register This site displays a prototype of a Web 2.0 version of the daily 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 . Chrysler Corp. [20] 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. 1503 & 1507. Meanwhile, the Government of Mexico (GOM) made an independent decision for the first time to accept the returns of Venezuelans who crossed the SWB without authorization pursuant to the Title 42 public health Order, thus imposing a consequence on Venezuelans who sought to come to the SWB rather than avail themselves of the newly announced Parole Process. See, e.g., Mack Trucks, Inc. (Sept. 7, 2022), 28. Help representatives gain crucial training. 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. Sept. 22, 2022, Implementation of a Parole Process for Venezuelans, 87 FR 63507 (Oct. 19, 2022). Other migrants who were about to enter the Darin Gap have turned around and headed back south. 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. It also covers how non-Cuban family members can qualify under the CAA, including those who have been subjected to battery or abuse. Federal Register issue. 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. 441 U.S. 281, 302 n.31 (1979)). (LA Declaration), June 10, 2022, (last visited Dec. 17, 2022). July 26, 2022 (last viewed Dec. 6, 2022). Local Migrant Shelter Reaching Max Capacity as it Receives Hundreds per Day, As defined in 6 U.S.C. [79] . (last visited Sept. 25, 2022). This expectation is informed by the recently implemented process for Venezuelans and the significant shifts in migratory patterns that took place once the process was initiated. https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/. The main requirements are you have to be from Cuba, you have to be a native or citizen of Cuba. These tools are designed to help you understand the official document Smugglers are Profiting from Their Exodus, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, Adriana Gomez Licon, Associated Press, Coast Guard suspends search for migrants off Florida, Jan. 27, 2022, 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. on 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. 79. Supporters may be individuals filing on their own, with other individuals, or on behalf of non-governmental entities or community-based organizations. [80] OIS analysis of OIS Persist Dataset based on data through November 30, 2022. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. 7 After EWI, a Cuban may not apply for CAA adjustment before Dec. 15, 2022, If granted parole, these family members may come to the United States without waiting for their immigrant visas to become available. and the Los Angeles Declaration on Migration and Protection (L.A. The number of Venezuelans attempting to enter Panama through the Darin Gap continued to decline precipitously in Novemberfrom 40,593 encounters in October, a daily average of 1,309, to just 668 in November, a daily average of just 22.[8]. 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. 107. As part of this effort, the U.S. Department of Homeland Security (DHS) is implementing a processmodeled on the successful Uniting for Ukraine (U4U) and Process for Venezuelansfor certain Cuban nationals to lawfully enter the United States in a safe and orderly manner and be considered for a case-by-case determination of parole. [10] In this notice, irregular migration refers to the movement of people into another country without authorization. The White House, https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. 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. The beneficiary will be required to confirm their biographic information in their online account and attest to meeting the eligibility requirements. . parole). Root Causes of Migration in Central America 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. documents in the last year, 662 Cuban President Miguel Daz-Canel denounced the peaceful gatherings as counterrevolutionary and indecent, remarking that [d]emonstrations of this type have no legitimacy.[50] Id. [37] See, e.g., The Cuban Adjustment Act and Work Permits Cubans who have been paroled into the United States are eligible to receive Employment Authorization Documents, which many people refer to as work permits. Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. 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. (last visited Dec. 17, 2022). 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. documents in the last year, 20 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. If paroled into the United States through the MPP wind-down program, the venue of one's court proceedings may have automatically been changed. Second, the parole of illegally arriving Cubans was supplemented in 1966 by enactment of the Cuban Adjustment Act. 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. 31. [71] 1567, 1582 (C.I.T. 1984) (cleaned up). provide legal notice to the public or judicial notice to the courts. In FY 2023, Cuban nationals have represented 16.5 percent of all unique encounters at the SWB, the second largest origin group. Hats way off to Mark A. Prada! 19. 19. 105. Vol. [14] Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. [58] We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. 5 U.S.C. 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. 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, by the International Trade Commission 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] Within the next 90 days, USCIS will immediately begin normal clearance procedures under the PRA. Email from U.S. Coast Guard to DHS Policy, Re: heads up on assistance needed, Dec. 13, 2022. [76] In addition, although the text of the Administrative Procedure Act does not expressly require an agency invoking this exemption to show that such procedures may result in definitely undesirable international consequences, some courts have required such a showing. Moreover, USCG had to almost double its flight hour coverage per month to support migrant interdictions in FY 2022. [49] 6. DHS Plan for Southwest Border Security and Preparedness By regulation, parolees may apply for and be granted employment authorization to work lawfully in the United States.[68]. documents in the last year, 940 First, Operation Vigilant Sentry (OVS) Phase 1B, Information Memorandum for the Secretary from RADM Brendon C. McPherson, Director, Homeland Security Task ForceSoutheast, August 21, 2022. 89-732, after one year in the U.S. [17] https://www.oas.org/en/iachr/reports/ia.asp?Year=2021 By reducing the demand for these services, DHS is effectively targeting the resources of TCOs and human-smuggling networks that so often facilitate these unprecedented movements with utter disregard for the health and safety of migrants. Individuals who are determined to pose a national security or public safety threat are detained pending removal. Ct. App. Only those who meet all specified criteria are eligible to receive advance authorization to travel to the United States and be considered for a discretionary grant of parole, on a case-by-case basis, under this process. (last visited Dec. 17, 2022). 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. DHS concluded that a surge could result in significant loss of human life.[119]. Id. The number of Venezuelans attempting to enter Panama through the Darin Gapan inhospitable jungle that spans between Panama and Colombiawas down from 40,593 in October 2022 to just 668 in November.[5]. 56. The same logic applies here, where the Department is responding to exceedingly serious challenges at the border, and advance announcement of that response would significantly increase the incentive, on the part of migrants and others (such as smugglers), to engage in actions that would compound those very challenges. Under these parole programs, nationals of the four countries who are outside the United States may apply for advance permission to travel to the United States and enter through a grant of parole. 03/01/2023, 159 81. 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. (last viewed Dec. 19, 2022). Obama said the Cuban Medical Professional Parole Program, which was started by . https://www.reuters.com/article/usa-immigration-border-deaths/the-borders-toll-migrants-increasingly-die-crossing-into-u-s-from-mexico-idUSL4N2Z247X. 03/01/2023, 205 74. i.e., If not, no worries, even if he is not eligible for the Cuban Adjustment Act, he can still seek residency via asylum. This crackdown, coupled with deteriorating economic conditions (food and medicine shortages and blackouts), led to demonstrations in Havana and throughout the country. 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. In this Issue, Documents 443 F.3d 890, 908 (D.C. Cir. Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. The approximate number of migrants rescued by CBP in FY 2022 (almost 19,000 rescues)[77] Read through our frequently asked questions to get started. documents in the last year, 861 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. Had advance notice issued, it is apparent that there would have ensued a massive rush to raise prices and conduct `actual transactions' or avoid thembefore the freeze deadline. (cleaned up)). (last visited Sept. 25, 2022). Miami Herald, 44. This repetition of headings to form internal navigation links https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf By the early 2010s, three decades of investments in border security and strategy contributed to reduced border flows, with border encounters averaging fewer than 400,000 per year from 2011-2017. Oct. 5, 2022, The Secretary retains the sole discretion to terminate the Parole Process for Cubans at any point. DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. 553(b)(B). (last visited Dec. 17, 2022). 508 U.S. 182, 197 (1993) (quoting These can be useful As described above, this process is directly responsive to requests from key foreign partnersincluding the GOMto provide a lawful process for Cuban nationals to enter the United States. [102] (NCA) and, since the late 2010s, from countries throughout the Americas. 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. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. OMB has approved the emergency request for a period of 6 months. Id. This document has been published in the Federal Register. 77. https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. 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. With the Fair Share Act of 1960, Congress authorized the Attorney General to parole in refugees through 1962, and offered those parolees a path to permanent residence after two years. 46. 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. Beneficiaries are required to fly at their own expense to an interior POE, rather than arriving at the SWB. On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. Dep't of Energy, [109] Includes Miami, FL; New Orleans, LA; and Ramey, PR sectors where all apprehensions are land apprehensions not maritime. This process is being implemented as a matter of the Secretary's discretion. Washington, DC, Approves Creation of New Agency to Provide Services for Migrants Arriving From Other States, 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. 53. 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 . Start Printed Page 1274 This new collection will be used for the Cuban parole process, and is being revised in connection with this notice, including by increasing the burden estimate. 10. Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. [107] Delaying issuance and implementation of this process to undertake rulemaking would undermine the foreign policy imperative to act now. Improve Vetting for National Security and Public Safety, 3. Start Printed Page 1267 OIS analysis of historic CBP and USCIS data and OIS Enforcement Lifecycle through June 30, 2022. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. 67. Cuban Family Reunification Parole (CFRP) program. Cuba is Facing Its Worst Shortage of Food Since 1990s, Mobil Oil Corp. Reuters, The announcement of this new process followed detailed consideration of a wide range of relevant facts and alternatives, as reflected in the Secretary's decision memorandum dated December 22, 2022. Parole for Cuban doctors in 2023. 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. Dec. 10, 2022. crsreports.congress.gov/product/pdf/R/R47246 [44] At current rates, a delay of just a few months to conduct notice-and-comment rulemaking would effectively forfeit an opportunity to reduce and divert migrant flows in the near term, harm border security, and potentially result in scores of additional migrant deaths. 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. Data are limited to USBP encounters to exclude those being paroled in through ports of entry. 42. 85. DHS assesses that a reduction in the flow of Cuban nationals arriving at the SWB or taking to sea would reduce pressure on overstretched resources and enable the Department to more quickly Beginning in the 2010s, a growing share of migrants have come from Northern Central America[13] 1. As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. 2021 Country Reports on Human Rights Practices: Cuba, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/ We hope you will join us. documents in the last year, 37 71. Congressional Research Service, Cuba: U.S. Policy Overview, Aug. 5, 2022, SE, Washington, DC 20528-0445; telephone (202) 447-3459 (not a toll-free number). 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