1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. This process is being implemented as a matter of the Secretary's discretion. Register, and does not replace the official print version or the official [49] In short, as long as you are still living with your husband, you can apply under the CAA for a green card. [7], Panama's daily encounters of Venezuelans also declined significantly over the same time period, falling some 88 percent, from 4,399 on October 16 to 532 by the end of the montha decline driven entirely by Venezuelan migrants' choosing not to make the dangerous journey through the Darin Gap. https://www.techtransparencyproject.org/articles/inside-world-misinformation-targeting-migrants-social-media, 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. Still others who were intending to migrate north are staying where they are to apply for this parole process. Dec. 15, 2022, On Feb. 23, 2022, USCIS announced that it would implement a process for certain Cubans previously denied adjustment under the CAA based solely on a determination that they did not meet their burden of establishing that they had admitted or paroled. 19. HAVANA TIMES - On January 5, 2023, US President Joe Biden announced that Cubans, Nicaraguans and Haitians arriving at the US border will be returned to the countries they entered from or deported. 03/01/2023, 239 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. Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, (last visited Dec. 17, 2022). 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. www.uscis.gov/CHNV. The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United USCIS may require some time for data verification and approval, but according to information provided by independent media, this . 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]. 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. Like the Venezuela process, the Cuba process will require a significant expansion of opportunities for return or removal, to include the GOM's acceptance of Cuban nationals encountered attempting to irregularly enter the United States without authorization between POEs. someone was paroled into the U.S., entered without inspection, or came through ORR custody, they may need to file a change of address on Form E-33 and request a change of venue to the nearest court. v. 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] 6 Generally, USCIS field officers are instructed to exercise their discretion favorably in granting parole to Cubans who entered without inspection. Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. Joint DHS and DOD Brief on Mass Maritime Migration, August 2022. endanger[] human life and hav[e] a potential destabilizing effect in the region.[116] FY 2022 average monthly unique encounters of Cuban nationals at the land border totaled 17,809, a stark increase over the average monthly rate of 589 unique encounters in FYs 2014-2019. As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. As part of the inspection, beneficiaries will undergo additional screening and vetting, to include additional fingerprint biometric vetting consistent with CBP inspection processes. Verify if the individual arrived in the United States with parole status or applied for parole later (see 212(d)(5) does not have the same opportunity if he is released under 236(a). In the Caribbean, DHS also has surged significant resourcesmostly from USCGto address the heightened rate of maritime encounters. 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. As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, Beneficiaries must follow all applicable requirements, as determined by DHS's Chief Medical Officer, in consultation with the Centers for Disease Control and Prevention, with respect to health and travel, including vaccination and/or testing requirements for diseases including COVID-19, polio, and measles. The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United States between POEs, while also providing a process for certain such nationals to lawfully enter the United States in a safe and orderly manner. [109] 60. 1255 note), for which they may be eligible, and to work and contribute to the United States. [83], The increase in migrants taking to sea, under dangerous conditions, has led to devastating consequences. 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. corresponding official PDF file on govinfo.gov. USCIS, Oct. 5, 2022, The GOC employs arbitrary detention to harass and intimidate critics, independent activists, political opponents, and others. DHS assesses that there is good cause to find that the delay associated with implementing this process through notice-and-comment rulemaking and with a delayed effective date would be contrary to the public interest and impracticable. documents in the last year, by the Environmental Protection Agency ; 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. Second, the parole of illegally arriving Cubans was supplemented in 1966 by enactment of the Cuban Adjustment Act. . 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. 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. Initially the Act gave Cubans the right to request. 1983) (On a number of occasions . the Department is merely adopting a general statement of policy, . Federal Register The most up-to-date public health requirements applicable to this process will be available at 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. documents in the last year. Specifically, DHS has eliminated a special parole policy for arriving Cuban nationals commonly known as the "wet-foot/dry-foot" policy, as well as a policy for Cuban medical professionals known as the Cuban Medical Professional Parole Program. 89-732, 80 Stat. The period of parole has expired without being renewed. In FY 2022, 73 percent of unique encounters of Cuban nationals occurred in these two sectors. DHS, CBP, According to OIS analysis of CBP data, Mexican nationals continued to account for 89 percent of total SWB encounters in FY 2010, with Northern Central Americans accounting for 8 percent and all other nationalities for 3 percent. Start Printed Page 1269 [52 FR 48802, Dec. 28 . OIS analysis of OIS Persist Dataset based on data through November 30, 2022. 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). Based on the new policy, simple release from DHS custody will be constituted as "parole" in case of this act. 2021 Country Reports on Human Rights Practices: Cuba, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/ The Public Inspection page may also Pub. 116. 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. DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. 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. The United States' ability to execute this process thus is contingent on the GOM making an independent decision to accept the return or removal of Cuban nationals who bypass this new process and enter the United States without authorization. OIS analysis of United States Coast Guard (USCG) data provided October 2022; Maritime Interdiction Data from USCG, October 5, 2022. (Apr. on Apr. 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. This document has been published in the Federal Register. Smugglers are Profiting from Their Exodus, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, 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. Mobil Oil Corp. U.S. Department of State, 104. On Mexican migrants from this era's demographics and economic motivations see Jorge Durand, Douglas S. Massey, and Emilio A. Parrado, The New Era of Mexican Migration to the United States, 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 Venezuela process fundamentally changed the calculus for Venezuelan migrants. 86, No. [102] According to DHS data, in FY 2022, a total of 5,740 Cuban nationals were interdicted at sea, the top nationality, compared to 827 in FY 2021, an almost 600 percent increase in a single fiscal year. 40. Fla.), USCIS published a notice informing certain Cuban nationals that they may file I-290B motions for up to one year (or a new I-485) if they were denied Cuban Adjustment for lack of a parole document. See8 CFR 212.5(e). documents in the last year, by the Food and Drug Administration Five Smiths, Inc., See82 FR 4902 (Jan. 17, 2017). The pageincludes exclusive content and tools that will help you as a legal practitioner. [39] operating in Cuba, and more modest processing throughput mean that additional pathways are required to meet the current and acute border security and irregular migration mitigation objective. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. Declaration), which was endorsed in June 2022 by 21 countries. 63. [2] (last visited Dec. 17, 2022). 38. [FR Doc. Only those who meet specified criteria and pass national security and public safety vetting will be eligible for consideration for parole under this process. documents in the last year, 11 Id. 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. 544 F.3d 427, 437 (2d Cir. 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. 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. https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office. 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