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. DHS Update on Southwest Border Security and Preparedness Ahead of Court-Ordered Lifting of Title 42, Dec. 13, 2022, 86. This program allows eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. on NARA's archives.gov. https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239. See, e.g., Chamber of Commerce of U.S. 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. 55. 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]. That willingness could be impacted by the delay associated with a public rulemaking process involving advance notice and comment and a delayed effective date. Article. This process is expected to free up resources, including those focused on decompression of border sectors, which in turn may enable an increase in removal flightsallowing for the removal of more noncitizens with final orders of removal faster and reducing the number of days migrants are in DHS custody. Congressional Research Service, Within the next 90 days, USCIS will immediately begin normal clearance procedures under the PRA. First on CNN: A Record Number of Migrants Have Died Crossing the US-Mexico Border 1 Cuban Adjustment Act of 1966, Pub. INA sec. Root Causes of Migration in Central America include documents scheduled for later issues, at the request noncitizens seeking to cross into the United States generally pay transnational criminal organizations (TCOs) to coordinate and guide them along the final miles of their journey. process. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. To be eligible, the Cuban migrant on arrival has to be "inspected, admitted or paroled . IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, Prior to 2013, the overall share of encounters who were processed for expedited removal and claimed fear averaged less than 2 percent annually. Cuba's deteriorating economic conditions and political repression continue to increasingly drive Cubans out of their country. documents in the last year, by the International Trade Commission Conclusion These vessels often lack any safety equipment, including but not limited to: personal flotation devices, radios, maritime global positioning systems, or vessel locator beacons. 37. [31] . 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. Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. Mast Indus. An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. More information and documentation can be found in our Smugglers are Profiting from Their Exodus, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, Initially the Act gave Cubans the right to request. The rule is that the two of you must be residing together and married when you apply. Until the ACFR grants it official status, the XML 34. 13. See 553(b)(B). 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. [92] Under the Cuban Refugee Adjustment Act of 1966, a native or citizen of Cuba, who has been inspected, admitted, or paroled into the United States after January 1, 1959, and has been present in the United States for more than one year, may apply for permanent residency. 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. Start Printed Page 1272 for better understanding how a document is structured but 85. have not departed the United States since this initial release by DHS from DHS custody; applied for adjustment of status under the CAA by filing a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS; and. January 6, 2023, 6:18 PM. 114. Individuals who are determined to pose a national security or public safety threat or otherwise do not warrant parole pursuant to section 212(d)(5)(A) of the INA, 8 U.S.C. The following chart describes coding on various immigration forms that identify the individual as a current or 'past' refugee. Start Printed Page 1273 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. 1503 & 1507. were denied their Form I-485 based solely on a USCIS determination that they did not meet their burden of establishing that they had been admitted or paroled. 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. DHS Plan for Southwest Border Security and Preparedness Cuba is undergoing its worst economic crisis since the 1990s[33] 89-732, 80 Stat. Many such Cuban migrants fall victim to human smugglers and traffickers, who look to exploit the most vulnerable individuals for profit with utter disregard for their safety and wellbeing, as they attempt the dangerous journey northward through Central America and Mexico. 93. This process satisfies both standards. Help representatives gain crucial training. 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. You did not have to live with him or be married to him when he won his case. 64. 1182(a)(9)(A). Sept. 22, 2022, Air carriers can validate an approved and valid travel authorization submission using the same mechanisms that are currently in place to validate that a traveler has a valid visa or other documentation to facilitate issuance of a boarding pass for air travel. (last visited Dec. 17, 2022). 1. 38. In connection with the implementation of the process described above, CBP is making multiple changes under the PRA's emergency processing procedures at 5 CFR 1320.13, including increasing the burden estimate and adding Cuban nationals as eligible for a DHS established process that necessitates collection of a facial photograph in CBP DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th. In the interim, the U.S. government needs to take immediate steps to provide safe, orderly, humane pathways for the large numbers of individuals seeking to enter the United States and to discourage such individuals from taking the dangerous journey to and arriving, without authorization, at the SWB. 115. Generally, since FY 2019, DHS has worked with Congress to make approximately $290 million available through FEMA's EFSP to support NGOs and local governments that provide initial reception for migrants entering through the SWB. https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf. id. The GOM, as it makes its independent decisions as to its ability to accept returns of third country nationals at the border and its efforts to manage migration within Mexico, is thus closely watching the United States' approach to migration management and whether it is delivering on its plans in this space. 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. 26, 2022), Updated January 07, 2021 10:02 AM. 6 Generally, USCIS field officers are instructed to exercise their discretion favorably in granting parole to Cubans who entered without inspection. Cuban President Miguel Daz-Canel denounced the peaceful gatherings as counterrevolutionary and indecent, remarking that [d]emonstrations of this type have no legitimacy.[50] The U.S. Government has been engaged in discussions with the GOC to reactivate the Migration Accords, which specify that the United States will process 20,000 Cuban nationalsnot including immediate relatives of U.S. citizensto come to the United States through immigrant visas and other lawful pathways, such as the Cuban Family Reunification Parole (CFRP) program, and that the Cuban government will accept the repatriation of its nationals who are encountered entering the United States without authorization. 1 USCIS excluded any release pursuant to order by an immigration judge under INA 236. If the Cuban Adjustment Act is not an option, a special parole program may be explored. 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. October 2, 2022, https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/. [2] Immigration policies have long been a sore point in the U.S.-Cuba relationship. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. 67. Includes Miami, FL; New Orleans, LA; and Ramey, PR sectors where all apprehensions are land apprehensions not maritime. This information is not part of the official Federal Register document. Smugglers routinely prey on migrants in response to changes in domestic immigration law. 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. In FY 2022, DHS expelled 4,710 Cuban nationals to Mexico, equivalent to 2 percent of Cuban encounters for the year.[56]. 82. 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. Finally, condional . 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. 1182(d)(5)(A), provides, parole decisions are made by the Secretary of Homeland Security in his discretion.. 97. [90] https://www.dhs.gov/publication/update-southwest-border-security-and-preparedness-ahead-court-ordered-lifting-title-42 Otherwise, the Cuban would have had to seek adjustment under the provisions of the Cuban Adjustment Act or another applicable provision of the INA. 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. 7 After EWI, a Cuban may not apply for CAA adjustment before OIS analysis of United States Coast Guard (USCG) data provided October 2022; Maritime Interdiction Data from USCG, October 5, 2022. Cuban Family Reunification Parole (CFRP) program. https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream. Start Printed Page 1275 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. informational resource until the Administrative Committee of the Federal DHS similarly invoked the foreign affairs exemption more recently, in connection with the Venezuela parole process. Returns alone, however, are not sufficient to reduce and divert the flows of Cubans. v. Use the PDF linked in the document sidebar for the official electronic format. These migratory movements are in many cases facilitated by numerous human smuggling organizations, for which the migrants are pawns;[81] 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. 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. Citizenship and Immigration Services (USCIS) and CBP to process requests for discretionary parole on a Dec. 16, 2022, 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. Northern Central Americans' share of total encounters increased to 21 percent by FY 2012 and averaged 46 percent in FY 2014-FY 2019, the last full year before the start of the COVID-19 pandemic. 2. 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] 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. 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. In July 2022, the documents in the last year, 822 It is well established that migrants may change their behavior in response to perceived imminent changes in U.S. immigration policy[115] Reuters, Nicaragua Eliminates Visa Requirement for Cubans, November 23, 2021, . History of the Cuban Adjustment Act. Cuban flows contribute to strain on governmental and civil society resources in Mexican border communities in both the south and the northsomething that key foreign government partners have been urging the United States to address. Read through our frequently asked questions to get started. 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. Collaborative Migration Management Strategy, 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. [66] 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. [65] Cuban Adjustment Act, (1966), Pub.L. As section 212(d)(5)(A) of the INA, 8 U.S.C. 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. [25] [86], Promoting a safe, orderly, legal, and humane migration strategy throughout the Western Hemisphere has been a top foreign policy priority for the Administration. 106. As in the process for Venezuelans, a supporter in the United States must initiate the process on behalf of a Cuban national (and certain non-Cuban nationals who are an immediate family member of a primary beneficiary), and commit to providing the beneficiary financial support, as needed. Humanitarian Relief, Temporary Protected Status and Deferred Enforced Departure, Humanitarian Parole. In order to be eligible for the Cuban Adjustment Act, one must have been paroled into the United States (given an I-94 that specifically says "parole") or inspected and admitted. `Cuba Is Depopulating': Largest Exodus Yet Threatens Country's Future, 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. 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