30. 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. In FY 2022, DHS expelled 4,710 Cuban nationals to Mexico, equivalent to 2 percent of Cuban encounters for the year.[56]. Sept. 22, 2022, (last visited Dec. 17, 2022). 2, 518-536 (Sept. 1999). [19] documents in the last year, 940 Ct. App. Id. 2021 Country Reports on Human Rights Practices: Cuba, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/ The government routinely blocks any attempts to peacefully assemble that might result in opposition to, or criticism of, the government. It only takes a moment to sign up. 8. 29. 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. Supporters are required to undergo vetting to identify potential human trafficking or other concerns. (Apr. 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. v. [112] 5 U.S.C. OIS Yearbook of Immigration Statistics, various years. 58. While every effort has been made to ensure that 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. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. Not 6 percent: six total individuals, meaning that . Los Angeles Declaration on Migration and Protection [101] It thus provides the United States another avenue to lead by example. All noncitizens whom DHS encounters at the border undergo thorough vetting against national security and public safety databases during their processing. This process is modeled on the Venezuela processas informed by the way that similar incentive and disincentive structures successfully decreased the number of Venezuelan nationals making the dangerous journey to and being encountered along the SWB. 13. Individuals may request employment authorization from USCIS. Most significantly, DHS anticipates this process will: (i) enhance the security of the U.S. SWB by reducing 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 the strain on DHS personnel and resources; (iv) minimize the domestic impact of irregular migration from Cuba; (v) disincentivize a dangerous irregular 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. DHS Plan for Southwest Border Security and Preparedness 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. To be eligible, the Cuban migrant on arrival has to be "inspected, admitted or paroled . Document page views are updated periodically throughout the day and are cumulative counts for this document. 1. https://crsreports.congress.gov/product/pdf/R/R47246. The supporter must submit a separate Form I-134A for each beneficiary they are seeking to support, including Cubans' immediate family members and minor children. https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery. [78] 2008). The Venezuelan parole process has been open since Oct. 18, 2022. https://sanantonioreport.org/migrant-aid-groups-stretched-thin-city-officials-seek-federal-help/. 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]. Operation Vigilant Sentry is HSTF-SE's comprehensive, integrated, national operational plan for a rapid, effective, and unified response of federal, state, and local capabilities in response to indicators and/or warnings of a mass migration in the Caribbean. Federal Register. I. documents in the last year, 822 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. January 6, 2023, 6:18 PM. . [109] 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. The invocation of the foreign affairs exemption here is also consistent with Department precedent. Dec. 16, 2022, In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. [52 FR 48802, Dec. 28 . ) and shall not exceed 30,000 each month in the aggregate. A number of cases follow this logic in the context of economic regulation.[114]. Similar to Venezuela, Cuba has restricted DHS's ability to remove individuals to Cuba, which has constrained the Department's ability to respond to this surge. If a supporter is confirmed by USCIS, the listed beneficiary will receive an email from USCIS with instructions to create an online account with myUSCIS and next steps for completing the application. Prior to 2013, the overall share of encounters who were processed for expedited removal and claimed fear averaged less than 2 percent annually. . DHS, CBP, Although exact figures are unknown, experts estimate that about 30 bodies have been taken out of the Rio Grande River each month since March 2022. The last decades have yielded a dramatic increase in encounters at the SWB and a dramatic shift in the demographics of those encountered. 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. Disincentivize a Dangerous Journey That Puts Migrant Lives and Safety at Risk and Enriches Smuggling Networks, 6. the Federal Register. The Form I-134A identifies and collects information on both the supporter and the beneficiary. 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 viewed Dec. 16, 2022). Government of Cuba (GOC) reported the economy contracted by 10.9% in 2020, grew by 1.3% in 2021, and is projected to expand by 4% in 2022. the Collaborative Migration Management Strategy (CMMS);[88] Department of State, 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 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. [21] Register documents. Reuters, The focused increase in encounters within those two sectors is particularly challenging. The U.S. Government has been working with the GOC to restart the Cuba Migration Accords. Approved beneficiaries through this process will enter the United States as parolees but will be eligible to apply for adjustment to lawful permanent resident (LPR) status once their immigrant visas become available. Start Printed Page 1269 IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, [18] [90] On Feb. 23, 2022, U.S. 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. Those with no family overseas, like Patri, are forced to buy most of their goods from their neighbours at elevated prices. Ct. App. Dec. 15, 2022, 5 U.S.C. 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. A surge could also have a destabilizing effect on the region, thus weakening the security of the United States and threatening its international relations.[118] Verify if the individual arrived in the United States with parole status or applied for parole later (see 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. 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. This notice describes a new effort designed to enhance the security [58] 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. 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. This site displays a prototype of a Web 2.0 version of the daily 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. Federal Register issue. July 26, 2022 (last viewed Dec. 6, 2022). 98. 84. These entities have engaged to provide services and assistance to Cuban nationals and other noncitizens who have arrived at our border, including by building new administrative structures, finding additional housing facilities, and constructing tent shelters to address the increased need. 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. The main requirements are you have to be from Cuba, you have to be a native or citizen of Cuba. 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. 6 Generally, USCIS field officers are instructed to exercise their discretion favorably in granting parole to Cubans who entered without inspection. [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. 34. Start Printed Page 1273 71. However, this projected expansion is unlikely to respond to the needs of the Cuban people. Meanwhile, these numbers do not account for the countless incidents of death, illness, and exploitation migrants experience during the perilous journey north. 96. Deepening poverty, exacerbated by the COVID-19 pandemic, has led to food shortages and rolling blackouts, and continues to batter the economy. For example, as detailed above, implementation of the parole process for Venezuelans was associated with a drastic reduction in irregular migration by Venezuelans. 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. The White House, [25] This table of contents is a navigational tool, processed from the Based on what you wrote, it seems you fulfill this requirement. Amnesty International received reports of the GOC deploying the military and police to repress these protests as well as reports of arbitrary detention. In September 2022, a prolonged blackout caused by Hurricane Ian led to protests in Havana and other cities. [22], Maritime migration from Cuba also increased sharply in FY 2022 compared to FY 2021. should verify the contents of the documents against a final, official 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 USCIS is leveraging technological and process efficiencies to minimize processing times for requests for employment authorization. Administration officials called on Congress to repeal the Cuban Adjustment Act. More information and documentation can be found in our As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. corresponding official PDF file on govinfo.gov. 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. 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. ; DHS and federal partners have taken extraordinary measuresincluding the largest-ever surge of resources against human-smuggling networksto combat and disrupt the TCOs and smugglers and will continue to do so. 508 U.S. 182, 197 (1993) (quoting You did not have to live with him or be married to him when he won his case. Cuban President Miguel Daz-Canel denounced the peaceful gatherings as counterrevolutionary and indecent, remarking that [d]emonstrations of this type have no legitimacy.[50] 59. . establishing the XML-based Federal Register as an ACFR-sanctioned [14] 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. [2] 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. 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. 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. [31] along with the advanced parole, the alien should submit supporting documentation to establish NACARA eligibility. Id. 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. 42. See5 U.S.C. Office of Immigration Statistics (OIS) analysis of data pulled from CBP UIP December 5, 2022. 85. 6. 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. The process announced by this notice requires changes to two collections of information, as follows. 443 F.3d 890, 908 (D.C. Cir. Data from SBCC, as of December 11, 2022. case-by-case basis and conduct vetting, these requirements involve different parts of DHS and require fewer resources as compared to the status quo. 1182(d)(5)(A). The Guardian, 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. Migrant populations from these newer source countries have included large numbers of families and children, many of whom are traveling to escape violence, political oppression, and for other non-economic reasons. [35] DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, [53] Federal Register provide legal notice to the public and judicial notice 2023-00252 Filed 1-5-23; 4:15 pm], updated on 2:00 PM on Wednesday, March 1, 2023, updated on 8:45 AM on Wednesday, March 1, 2023. 514 F.2d 1064, 1068 (Temp. In addition, it would be impracticable to delay issuance of this process in order to undertake such procedures becauseas noted abovemaintaining the status quo, which involves record numbers of Cuban nationals currently being encountered attempting to enter without authorization at the SWB, coupled with DHS's extremely limited options for processing, detaining, or quickly removing such migrants, would unduly impede DHS's ability to fulfill its critical and varied missions.