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This notice describes a new effort designed to enhance the security www.uscis.gov/CHNV. 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"). 35. 553(a)(1). documents in the last year, 1479 USCG has surged resources and shifted assets from other missions due to this increased irregular maritime migration. For purposes of this process, immediate family members are limited to a spouse, common-law partner, and/or unmarried child(ren) under the age of 21. It has long been recognized that agencies may use the good cause exception, and need not take public comment in advance, where significant public harm would result from the notice-and-comment L. 1161 (1966) (8 U.S.C. https://www.amnesty.org/en/latest/news/2022/10/cuba-repression-must-not-be-repeated/ The New York Times, As part of the inspection, beneficiaries will undergo additional screening and vetting, to include additional fingerprint biometric vetting consistent with CBP inspection processes. This policy provided Cubans a more convenient and accessible path into the continent, facilitating their ability to begin an irregular migration journey to the SWB via land routes. 28. 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. But ending a policy that has allowed hundreds of thousands of people to come to the United States without a visa also aligns with Trump's commitment to tough immigration policies. 66. While these people have an application for adjustment pending, they will not be considered to have abandoned it. Includes Miami, FL; New Orleans, LA; and Ramey, PR sectors where all apprehensions are land apprehensions not maritime. v. People who entering with parole do not have the status of legal permanent resident (LPR), but through the Cuban Adjustment Act (CAA) those with parole program can adjust their status to LPR after the year and a day of entering the country. Who can travel abroad and return without prior advance parole? on that agencies use to create their documents. Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. documents in the last year, 11 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. see also6 U.S.C. July 2021, https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s It was viewed 150 times while on Public Inspection. https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf. He certified his decision up to the BIA. 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. Id. The Guardian, 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 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. In October 2022, DHS undertook a new effort to address the high number of Venezuelans encountered at the SWB. Between 2013 and 2018, the share rose from 8 to 20 percent, before dropping with the surge of family unit encounters in 2019 (most of whom were not placed in expedited removal) and the onset of T42 expulsions in 2020. Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. For more information about Cuban Adjustment Act cases, see CLINICs publication, All About Cuban Adjustment: Frequently Asked Questions.. Health Requirements: The approximate number of migrants rescued by CBP in FY 2022 (almost 19,000 rescues)[77] 279(g)(2). On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. See5 U.S.C. [9] 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. Vol. 1. The success to date of the Venezuela process provides compelling evidence that coupling effective disincentives for irregular entry with incentives for a safe, orderly parole process can meaningfully shift migration patterns in the region and to the SWB. the official SGML-based PDF version on govinfo.gov, those relying on it for ing able to obtain legal status in the United States without having to travel abroad to apply for an immigrant visa at a foreign United States . In January 2022, the Coast Guard located a capsized vessel with a survivor clinging to the hull. See, e.g., Rajah Due to staff reductions at the U.S. Embassy in Havana, Cuba, the U.S. Rescue Beacons and Unidentified Remains: Fiscal Year 2022 Report to Congress. Id. 1. [104] DHS may terminate parole in its discretion at any time. Id. Id. This law benefits those born in Cuba or those who have obtained Cuban nationality. 50. 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. an untimely Form I-290B, with fee or Form I-912, for a period of one year from February 23, 2022, the date of the USCIS notice. These can be useful Sept. 22, 2022, 113. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. [43] . Improve Vetting for National Security and Public Safety, 3. 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. DHS found that [s]uch a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. 41. Cuba is Facing Its Worst Shortage of Food Since 1990s, Those who are not granted asylum or any other immigration benefits during this two-year parole period generally will need to depart the United States prior to the expiration of their authorized parole period or will be placed in removal proceedings after the period of parole expires. 109. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. Dec. 10, 2022. DHS Update on Southwest Border Security and Preparedness Ahead of Court-Ordered Lifting of Title 42, Dec. 13, 2022, 26, 2022), offers a preview of documents scheduled to appear in the next day's Public Law 89-732 or the Cuban Adjustment Act is a federal law. Cuba's deteriorating economic conditions and political repression continue to increasingly drive Cubans out of their country. along with the advanced parole, the alien should submit supporting documentation to establish NACARA eligibility. on www.reginfo.gov. [78] The Border's Toll: Migrants Increasingly Die Crossing into U.S. from Mexico 69. demonstrate sufficient financial resources to receive, maintain, and support the intended beneficiary whom they commit to support for the duration of their parole period. Start Printed Page 1268 Cuban Adjustment Act (CAA) Any Cuban who was admitted or paroled may, after one year of physical presence, apply for . L. No. (last visited Dec. 17, 2022). Approval of advance authorization to travel does not guarantee parole into the United States. v. Human Rights Watch, Prison or Exile: Cuba's Systematic Repression of July 2021 Demonstrators, July 11, 2022. 100. 76. increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). the Collaborative Migration Management Strategy (CMMS);[88] . The bipartisan Cuban Adjustment Act, signed into law by President Lyndon B. Johnson on November 2, 1966, granted work authorization permits and lawful permanent residency (green card status) to any Cuban native or citizen who settled in the United States for at least one year. Beneficiaries also are eligible to apply for work authorization, thus enabling them to support themselves. 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). Verify if the individual arrived in the United States with parole status or applied for parole later (see These markup elements allow the user to see how the document follows the [51], The government's repression and inability to address the underlying shortages that inspired those lawful demonstrations have generated a human rights and humanitarian crisis that is driving Cubans from the country. 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. 34. documents in the last year, 522 Washington Post, (last visited Sept. 25, 2022). 44. The complete reasons for the Secretary's decision are included in that memorandum. has no substantive legal effect. Local officials and NGOs report that the temporary shelters that house migrants are quickly reaching capacity due to the high number of arrivals,[72] Overall, the Department's experience has been that in some circumstances when public announcements have been made regarding changes in our immigration laws and procedures that would restrict access to immigration benefits to those attempting to enter the United States along the U.S.-Mexico land border, there have been dramatic increases in the numbers of noncitizens who enter or attempt to enter the United States. More information and documentation can be found in our The Department of Homeland Security, or DHS, has announced two new options for Ukrainians who have fled Ukraine or are seeking a safe haven within the United States due to the Russian war on their country. documents in the last year, 37 03/01/2023, 239 https://www.washingtonpost.com/world/interactive/2022/cuba-economy-milk-shortage/ DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf. 212(d)(5)(A), 8 U.S.C. If you are a CLINIC affiliate, be sure to regularly use your benefits. We cultivate projects that support and defendvulnerable immigrant populations by: History has taught us that people who step up can make a difference. While the process will also draw on DHS resources within U.S. [47] publication in the future. 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 documents in the last year, 1408 Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. Attorneys familiar with the Cuban Adjustment Act, which has given Cubans a virtually guaranteed path to legal residency and eventual citizenship, said the Cubans could have permission to stay. The case-by-case temporary parole of individuals pursuant to this process will address the urgent humanitarian needs of Cuban nationals who have fled crippling economic conditions and social unrest in Cuba. I. In July 2022, the In FY 2022, Del Rio and Yuma sectors encountered over double (137 percent increase) the number of migrants as compared to FY 2021, a fifteen-fold increase over the average for FY 2014-FY 2019, in part as a result of the sharp increase in Cuban nationals being encountered there.[60]. Humanitarian Relief, Temporary Protected Status and Deferred Enforced Departure, Humanitarian Parole. Citizenship and Immigration Services (USCIS) and CBP to process requests for discretionary parole on a 46. Impact on DHS Resources and Operations, 1. 5. 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 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. 1 Cuban Adjustment Act of 1966, Pub. notice is intended to provide appropriate context and guidance for the public regarding the policy and relevant procedures associated with this policy. See8 CFR 274a.12(c)(11). In FY 2023, Cuban nationals have represented 16.5 percent of all unique encounters at the SWB, the second largest origin group. [73] v. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. By regulation, parolees may apply for and be granted employment authorization to work lawfully in the United States.[68]. In Cuba, a Frantic Search for Milk, parole, in contrast to 212(d)(5) parole, does not provide eligibility for work authorizaon. See, e.g., In an effort to decompress sectors that are experiencing surges, DHS deploys lateral transportation, using buses and flights to move noncitizens to other sectors that have additional capacity to process. OIS analysis of United States Coast Guard (USCG) data provided October 2022; Maritime Interdiction Data from USCG, October 5, 2022. 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. 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. OMB has approved the emergency request for a period of 6 months. Document page views are updated periodically throughout the day and are cumulative counts for this document. USCIS Resumes Cuban Family Reunification Parole Program Operations, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, 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. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. 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. 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. In FY 2022, more than 750 migrants died attempting to enter the United States across the SWB,[75] Individuals who are determined to pose a national security or public safety threat are detained pending removal. (last visited Dec. 17, 2022). Caribbean Council, The number of travel authorizations granted under this process shall be spread across this process and the separate and independent Parole Process for Nicaraguans, the Parole Process for Haitians, and Parole Process for Venezuelans (as described in separate notices published concurrently in today's edition of the This process satisfies both standards. 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. The Economist, documents in the last year, 662 The Cuban Adjustment Act of 1966 (CAA) allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a Green Card). Prior to 2013, the overall share of encounters who were processed for expedited removal and claimed fear averaged less than 2 percent annually. 24. Delaying issuance and implementation of this process to undertake rulemaking would undermine the foreign policy imperative to act now. [6] Third, the United States faces significant limits on the ability to return Cuban nationals who do not establish a legal basis to remain in the United States to Cuba or elsewhere; absent the ability to return Cubans who do not have a lawful basis to stay in the United States, more individuals are willing to take a chance that they can comeand stay. 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. Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, 91. 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. 53. 32. October 2, 2022, It is not intended to and does not create any rights, substantive or procedural, enforceable by any party in any matter, civil or criminal. Cuban immigrants are escorted by Mexican immigration authorities on April 29, 2019, in Ciudad Jurez, Mxico, as they cross into the United States to seek . They also are only authorized to come to the United States if they have a supporter who has agreed to receive them and provide basic needs, including housing support. 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. 108. Start Printed Page 1279 https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf. This PDF is This Deepening poverty, exacerbated by the COVID-19 pandemic, has led to food shortages and rolling blackouts, and continues to batter the economy. 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 . SEC., 111. https://www.kgun9.com/news/local-news/local-migrant-shelter-reaching-max-capacity-as-it-receives-hundreds-per-day. 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] By reducing encounters of Cuban nationals encountered at sea or at the SWB, and channeling decreased flows of Cuban nationals to interior POEs, we anticipate that the process could relieve some of the impact increased migratory flows have had on the DHS workforce along the SWB. CNN, Id. This feature is not available for this document. 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. 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. A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS through the online myUSCIS web portal to initiate the process. [112] 728 F.2d 1477, 1492 (Temp. 1182(d)(5)(A); See documents in the last year, by the Food and Drug Administration Thus far in FY 2023, Del Rio and Yuma sectors have accounted for 72 percent of unique encounters of Cuban nationals. DHS, CBP, [58] Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air, 82 FR 4769, 4770 (Jan. 17, 2017). This is reflected in three policy-setting documents: the U.S. Strategy for Addressing the Root Causes of Migration in Central America (Root Causes Strategy);[87] The Public Inspection page 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. Spouse and children of eligible NACARA applicants can also obtain this benefit and without 9. Questions and inquiries can be sent to national@cliniclegal.org. Memorandum for the Secretary from the Under Secretary for Strategy, Policy, and Plans, Acting Commissioner of U.S. Customs and Border Protection, and Director of U.S. 99. 98. 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. 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. For now, the GOM has indicated it is prepared to make an independent decision to accept the return or removal of Cuban nationals. 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. 117. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, All About Cuban Adjustment: FAQs for Legal Practitioners, All About Cuban Adjustment Frequently Asked Questions_March_2022.pdf, Temporary Protected Status and Deferred Enforced Departure. Daniel Delgado, Acting Director, Border and Immigration Policy, Office of Strategy, Policy, and Plans, Department of Homeland Security, 2707 Martin Luther King Jr. Ave. https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office. The rule is that the two of you must be residing together and married when you apply. The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United Of their country increasingly drive Cubans out of their country ( Temp located a capsized vessel a... Not be considered to have abandoned it draw on DHS resources within U.S. [ 47 ] publication in the States. 'S Systematic repression of July 2021, https: //www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s it was viewed 150 times while Public. 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