Otherwise, the Cuban would have had to seek adjustment under the provisions of the Cuban Adjustment Act or another applicable provision of the INA. 553(d)(2). along with the advanced parole, the alien should submit supporting documentation to establish NACARA eligibility. 90. 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. These trends are only accelerating in FY 2023. https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019. 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]. [FR Doc. 106. [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. Increased resource demands translate into increased maintenance on those high demand air and sea assets. an estimated 32 percent increase from FY 2021 (568 deaths) and a 195 percent increase from FY 2020 (254 deaths). The invocation of the foreign affairs exemption here is also consistent with Department precedent. These can be useful documents in the last year, 36 [20] (Sept. 5, 2022), 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. 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. The numbers of Cubans encountered at the SWB are already high, and a delay would greatly exacerbate an urgent border and national security challenge, and would miss a critical opportunity to reduce and divert the flow of irregular migration. [30] parole, in contrast to 212(d)(5) parole, does not provide eligibility for work authorizaon. On Feb. 23, 2022, U.S. DeRieux 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. Start Printed Page 1267 This was evident when the human rights situation in Cuba began to decline significantly in 2020. (last viewed Dec. 19, 2022). Sawhill, (last visited Dec. 17, 2022). [36] corresponding official PDF file on govinfo.gov. . The process announced by this notice requires changes to two collections of information, as follows. Though the Venezuelan process has significantly reduced the encounters of Venezuelan nationals, other migratory flows continue to strain domestic resources, which is felt most acutely by border communities. Start Printed Page 1278 212(d)(5)(A), 8 U.S.C. [90] contingent on the GOM accepting the return, departure, or removal to Mexico of Cuban nationals seeking to enter the United States without authorization between POEs on the SWB. Parole for Cuban doctors in 2023. 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). Citizenship and Immigration Service (USCIS) has suspended operations at its field office in Havana. Each document posted on the site includes a link to the 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. While this strategy shows great promise, it will take time to fully implement. Information about this document as published in the Federal Register. It is not an official legal edition of the Federal [41] services and Income Maintenance programs after adjustment. 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. The new process also strengthens the foundation for the United States to press regional partnersmany of which are already taking important stepsto undertake additional actions with regards to this population, as part of a regional response. CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. [44] . CNN, https://www.nytimes.com/2022/05/03/world/americas/cuban-migration-united-states.html Los Angeles Declaration on Migration and Protection Dec. 10, 2022. While these efforts represent important progress for certain Cubans who are the beneficiaries of a family-based immigrant petition, CFRP's narrow eligibility, challenges faced In November 2022, USBP sectors along the SWB operated a combined 602 decompression bus routes to neighboring sectors and operated 124 lateral decompression flights, redistributing noncitizens to other sectors with additional capacity.[61]. [28] 79. See87 FR 63507 (Oct. 19, 2022). As defined in 6 U.S.C. (Apr. 85. 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. 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. [57], The impact has been particularly acute in certain border sectors. 19. Interested in learning more about affiliation? a new Form I-485 with USCIS, with fee or Form I-912, Request for a Fee Waiver, if eligible; a timely Form I-290B, Notice of Appeal or Motion with USCIS, with fee or Form I-912, if eligible. Local officials and NGOs report that the temporary shelters that house migrants are quickly reaching capacity due to the high number of arrivals,[72] In 2017, multiple parole programs were terminated. Sept. 9, 2022 (last visited Dec. 10, 2022). In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. Impact on DHS Resources and Operations, 1. Start Printed Page 1279 . on https://sanantonioreport.org/migrant-aid-groups-stretched-thin-city-officials-seek-federal-help/. That said, there are distinct advantages to being able to vet more individuals before they arrive at the border so that we can stop individuals who could pose threats to national security or public safety even earlier in the process. The Cuban Adjustment Act is the way for most Cubans to get their green cards in the USA. Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian to be considered for parole at the POE under the process. Id. Reuters, Nicaragua Eliminates Visa Requirement for Cubans, November 23, 2021, Tragically, a significant number of individuals perish along the way. The good news is that these applicants can now re-apply for adjustment under the CAA as the government has decided to apply a recent court decision to permit USCIS to characterize the government's release of "arriving aliens" from Cuba who were detained by the Department of Homeland Security (DHS) as a form of parole under the law. [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. Beneficiaries also are eligible to apply for work authorization, thus enabling them to support themselves. 5. SEC., It thus provides the United States another avenue to lead by example. v. IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, 20. 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. [22], Maritime migration from Cuba also increased sharply in FY 2022 compared to FY 2021. An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. (CP1) to travel to the U.S. with parole, without waiting in Cuba for an . the organizations exploit migrants for profit, often bringing them across inhospitable deserts, rugged mountains, and raging rivers, often with small children in tow. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. This notice describes a new effort designed to enhance the security [16] The first 10 days of December 2022 saw 15,657 encounters of Cubans at the SWB. See8 CFR 212.5(e). Id. Frequently Asked Questions: Family Reunification Options for Afghans. (last visited Dec. 17, 2022). DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 INA sec. 26. 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. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. Until the ACFR grants it official status, the XML Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. 101(a)(13)(B), 212(d)(5)(A), 8 U.S.C. that agencies use to create their documents. 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. Upon reaching the border area, 1975) ([W]e are satisfied that there was in fact `good cause' to find that advance notice of the freeze was `impracticable, unnecessary, or contrary to the public interest' within the meaning of section 553(b)(B). See Chamber of Commerce of U.S. Conclusion offers a preview of documents scheduled to appear in the next day's A Notice by the Homeland Security Department on 01/09/2023. Adriana Gomez Licon, Associated Press, Situation `dire' as Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf 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. Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. DHS Office of Immigration Statistics (OIS) analysis of data pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. 44. 45. 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