id. USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. 03/01/2023, 205 Specifically, DHS provided a new parole process for Venezuelans who are backed by supporters in the United States to come to the United States by flying to interior ports of entrythus obviating the need for them to make the dangerous journey to the SWB. If you have not yet been paroled into the U.S., then you must apply for a work permit just as you must apply for a green card. i.e., The trailer truck accident that killed 55 migrants in Chiapas, Mexico, in December 2021 and the tragic incident in San Antonio, Texas, on June 27, 2022, in which 53 migrants died of the heat in appalling conditions, are just two examples of many in which TCOs engaged in human smuggling prioritize profit over safety. 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. 102. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. documents in the last year, 11 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. notice is intended to provide appropriate context and guidance for the public regarding the policy and relevant procedures associated with this policy. 101(a)(13)(B), 212(d)(5)(A), 8 U.S.C. This program allows eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. . On June 2, 2022, the Inter-American Commission on Human Rights (IACHR) in its 2021 Annual Report stated that no guarantees currently exist for exercising freedom of expression in Cuba. The Cuban Adjustment Act is an extraordinarily generous immigration relief program that waives various grounds of inadmissibility. By regulation, parolees may apply for and be granted employment authorization to work lawfully in the United States.[68]. This is critical, because transnational criminal organizationsincluding the Mexican drug cartelsare increasingly playing a key role in human smuggling, reaping billions of dollars in profit and callously endangering migrants' lives along the way.[74]. Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air, 82 FR 4769, 4770 (Jan. 17, 2017). He also said that his Administration had implemented a procedure to establish a process similar to the one that had been . CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. This trend also has accelerated sharply in FY 2023, as CBP has made 1,917 unique encounters of Cuban nationals in the first two months of the FYalmost three-quarters of FY 2022's total. 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. USCIS may require some time for data verification and approval, but according to information provided by independent media, this . Start Printed Page 1275 Dep't of Energy, SEC., 03/01/2023, 267 This limitation does not apply to immediate family members traveling with a Cuban national. [34] In October 2016, nearly 7,500 asylum seekers from Haiti and Cuba crossed the U.S.-Mexico border into the United States. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. 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. 15. Within a week of the October 12, 2022 announcement of that process, the number of Venezuelans encountered at the SWB fell from over 1,100 per day to under 200 per day, and as of the week ending December 4, to an average of 86 per day. The L.A. As a result, many have taken dangerous journeys, including through maritime means, often costing their lives at sea and on land while trying to reach the United States. 108. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. 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. Because DHS assets are finite, using air resources to operate lateral flights reduces DHS's ability to operate international repatriation flights to receiving countries, leaving noncitizens in custody for longer and further taxing DHS resources. INA sec. First on CNN: A Record Number of Migrants Have Died Crossing the US-Mexico Border 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. In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. 83. In addition, a potential beneficiary is ineligible for advance authorization to travel to the United States as well as parole under this process if that person: has been ordered removed from the United States within the prior five years or is subject to a bar to admissibility based on a prior removal order;[99], is under 18 and not traveling through this process accompanied by a parent or legal guardian, and as such is a child whom the inspecting officer would determine to be an unaccompanied child.[100]. 107. The government controls formal media and closely monitors and targets perceived dissidents within the artistic community, mainstream artists, and media figures who express independent or critical views. Impact on DHS Resources and Operations, 1. May 21, 2022, Start Printed Page 1271, As a result, the U.S. did not return any Cuban nationals directly to Cuba in FY 2022. 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. (Sept. 5, 2022), has no substantive legal effect. 212(d)(5)(A), 8 U.S.C. 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] 22. Vigil, 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. [79] This process will combine a consequence for those who seek to enter the United States irregularly between POEs with a significant incentive for Cuban nationals to remain where they are and use a lawful process to request authorization to travel by air to, and ultimately apply for discretionary grant of parole into, the United States for a period of up to two years. Federal Register provide legal notice to the public and judicial notice An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph (f) of this section shall be denied parole and detained for removal in accordance with the provisions of Please review his documents to see if he has an I-94. [76] the date of eligibility as some individuals without status may receive parole after they arrive in the United States. 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] 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. 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. We cultivate projects that support and defendvulnerable immigrant populations by: History has taught us that people who step up can make a difference. 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. 45. be a U.S. citizen, national, or lawful permanent resident; hold a lawful status in the United States; or be a parolee or recipient of deferred action or Deferred Enforced Departure; pass security and background vetting, including for public safety, national security, human trafficking, and exploitation concerns; and. [18] The Venezuelan parole process has been open since Oct. 18, 2022. on https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/ 24. The Department's determination here is consistent with past practice in this area. documents in the last year, 24 In FY 2022, 73 percent of unique encounters of Cuban nationals occurred in these two sectors. 5 U.S.C. 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. 70. Fewer international repatriation flights in turn exacerbates DHS's inability to return or remove noncitizens in its custody by sending the message that there is no consequence for illegal entry. The Journal of American History 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. endanger[] human life and hav[e] a potential destabilizing effect in the region.[116] Citizenship and Immigration Service (USCIS) has suspended operations at its field office in Havana. Start Printed Page 1273 . documents in the last year, 662 [21] 80. the Collaborative Migration Management Strategy (CMMS);[88] A Notice by the Homeland Security Department on 01/09/2023. The pageincludes exclusive content and tools that will help you as a legal practitioner. Vol. . https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf In its notice, USCIS indicated that this new process is available for natives or citizens of Cuba who: This notice appears to indicate a welcome shift in USCIS policy, at least in CAA cases, towards an acceptance of the Jennings v. Rodriguez decision, which treated releases of arriving aliens from DHS custody under INA 235 as being a form of parole under INA 212(d)(5). 10. DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, 03/01/2023, 159 All of the steps in this process, including the decision to grant or deny advance travel authorization and the parole decision at the interior POE, are entirely discretionary and not subject to appeal on any grounds. 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. governing . 5. Rescue Beacons and Unidentified Remains: Fiscal Year 2022 Report to Congress. [59] 1161, (as amended by 1503 & 1507. The number of Cuban migrants being stopped at sea is at its highest since 2016, just before President Barack Obama ended the U.S. wet-foot/dry-foot policy, which granted parole to Cubans reaching . The Director shall have authority to establish and maintain appropriate files respecting each Mariel Cuban to be reviewed for possible parole, to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews. Parole is an available tool under the Immigration and Nationality Act (INA) that allows certain individuals to enter the U.S. and temporarily stay without an immigrant or non-immigrant visa. Federal Register issue. Migration Talks with the Government of Cuba, 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 . v. to the courts under 44 U.S.C. 55. 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. In FY 2023, Cuban nationals have represented 16.5 percent of all unique encounters at the SWB, the second largest origin group. The Parole Program (CP1) . [3] (Sept. 7, 2022), Information About the New Parole Program . The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. The head of the U.S. Department of Homeland Security on Monday defended a parole process that allows up to 30,000 Haitians, Cubans, Nicaraguans and Venezuelans monthly to come to the United States . Initially the Act gave Cubans the right to request. 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. The U.S. Government is engaged in a multi-pronged, regional strategy to address the challenges posed by irregular migration. See82 FR 4902 (Jan. 17, 2017). https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/. EPA, Supporters are required to undergo vetting to identify potential human trafficking or other concerns. Cuban nationals are 72 percent of all unique encounters in these sectors in October and November.[27]. 89. Document page views are updated periodically throughout the day and are cumulative counts for this document. OIS analysis of United States Coast Guard (USCG) data provided October 2022; Maritime Interdiction Data from USCG, October 5, 2022. In October and November 2022, DHS encountered 62,788 unique Cuban nationals at the borderalmost one third FY 2022's record total. documents in the last year, by the Food and Drug Administration 105. and traveling with a Cuban principal beneficiary; comply with all additional requirements, including vaccination requirements and other public health guidelines; and DHS Update on Southwest Border Security and Preparedness Ahead of Court-Ordered Lifting of Title 42, Dec. 13, 2022, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html On April 19, 2022, DHS designated Ukraine for Temporary Protected Status, or TPS, which would allow Ukrainians who were physically present in the U.S. on April 19, 2022, and meet other requirements to seek temporary lawful status. 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)). 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. https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. Refugee Status Codes . L. No. 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. While the process will also draw on DHS resources within U.S. 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]. 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