This document has been published in the Federal Register. ; Cuban Adjustment Act (CAA) Any Cuban who was admitted or paroled may, after one year of physical presence, apply for . The increased volume of provisional releases of Cuban nationals puts strains on U.S. border communities. [17] To be eligible, the Cuban migrant on arrival has to be "inspected, admitted or paroled . The increased flows of Cuban nationals are disproportionately occurring within the remote Del Rio and Yuma sectors, both of which are at risk of operating, or are currently operating, over capacity. Inquiries about the parole program and can be made to Havanauscis@dhs.gov or by calling 1-800-375-5283 toll free from the United States. 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 last decades have yielded a dramatic increase in encounters at the SWB and a dramatic shift in the demographics of those encountered. While these people have an application for adjustment pending, they will not be considered to have abandoned it. 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. the official SGML-based PDF version on govinfo.gov, those relying on it for 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. Local Migrant Shelter Reaching Max Capacity as it Receives Hundreds per Day, The U.S. Providing a safe and orderly alternative path is expected to also reduce the number of Cubans who seek to enter the United States by sea, and will allow USCG to better balance its other important missions, including its counter-drug smuggling operations, protection of living marine resources, support for shipping navigation, and a range of other critical international engagements. 59. 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 El Pas, 89. Register documents. 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. see also6 U.S.C. 110. https://www.state.gov/migration-talks-with-the-government-of-cuba-2/. v. San Antonio Report, Id. This site displays a prototype of a Web 2.0 version of the daily All noncitizens whom DHS encounters at the border undergo thorough vetting against national security and public safety databases during their processing. 60. As noted above, section 212(d)(5)(A) of the INA confers upon the Secretary of Homeland Security the discretionary authority to parole noncitizens into the United States temporarily under such reasonable conditions as [the Secretary] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.[69]. It was viewed 150 times while on Public Inspection. process. The process couples a meaningful incentive to seek a lawful, orderly means of traveling to the United States with the imposition of consequences for those who seek to enter irregularly along the SWB. (last visited Dec. 18, 2022). (last visited Dec. 17, 2022). Since FY 2021, DHS has built and now operates 10 soft-sided processing facilities at a cost of $688 million. (last visited Sept. 25, 2022). Beneficiaries must pass national security, public safety, and public health vetting prior to receiving a travel authorization, and those who are approved must arrange air travel at their own expense to seek entry at an interior POE. SEC., case-by-case basis and conduct vetting, these requirements involve different parts of DHS and require fewer resources as compared to the status quo. Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. 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]. 94. 10. Created in 2007, the Cuban Family Reunification Parole (CFRP) Program allows certain eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. Several organizations reported countrywide internet outages, followed by erratic connectivity, including restrictions on social media and messaging platforms. 7 After EWI, a Cuban may not apply for CAA adjustment before 544 F.3d 427, 437 (2d Cir. (h) Effect of parole of Cuban and Haitian nationals. Start Printed Page 1267 (last visited Dec. 19, 2022). OIS analysis of OIS Persist Dataset and CBP subject-level data through November 30, 2022. 11. Since the 1960's, the United States has maintained a preferential relationship with Cuban citizens and facilitated a direct path to permanent residency. 514 F.2d 1064, 1068 (Temp. 84. 34. `Cuba Is Depopulating': Largest Exodus Yet Threatens Country's Future, 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. documents in the last year, 1408 After confirming biographic information in myUSCIS and completing required eligibility attestations, the beneficiary will receive instructions through myUSCIS for accessing the CBP One mobile application. Data are limited to USBP encounters to exclude those being paroled in through ports of entry. Id. CFRP provides a safe, orderly pathway to the United States for certain Cuban beneficiaries of approved family-based immigrant petitions. (last visited Dec. 16, 2022). See, e.g., 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. that agencies use to create their documents. This FAQ addresses commonly asked questions about who qualifies for TPS and Uniting for Ukraine, the respective application processes, and basic strategies for assisting Ukrainian clients. [36] CBP, Fact Sheet: Counter Human Smuggler Campaign Updated (Oct. 6, 2022), Any effort to meaningfully address the crisis in Cuba will require continued efforts by these and other regional partners. 87. In this notice, irregular migration refers to the movement of people into another country without authorization. The report documents a wide range of human rights violations against well-known government critics and ordinary citizens, including, arbitrary detention, prosecutions without fair trial guarantees, and cases of physical ill treatment, including beatings that in some cases constitute torture. 83. The Secretary retains the sole discretion to terminate the Parole Process for Cubans at any point. The Cuban Migration Crisis, Biggest Exodus in History Holds Key to Havana-Washington Relations, As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. 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. offers a preview of documents scheduled to appear in the next day's 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. Id. National Security Council, Id. Regan, Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. 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. 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. 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. 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. Federal Register Hats way off to Mark A. Prada! The Economist, 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. At the same time, between 2013 and 2021, among those placed in expedited removal, the share making fear claims increased from 16 to 82 percent. [80] 2008). The process announced by this notice requires changes to two collections of information, as follows. 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. , 2022 nationals Arriving at the Southwest border, 4 not apply for CAA before... 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