L. No. 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. 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. In FY 2022, 73 percent of unique encounters of Cuban nationals occurred in these two sectors. . [108], Third, In Cuba, a Frantic Search for Milk, The President of the United States manages the operations of the Executive branch of Government through Executive orders. This feature is not available for this document. Cuba's deteriorating economic conditions and political repression continue to increasingly drive Cubans out of their country. 279(g)(2). New York Times, Dec. 10, 2022. DHS, CBP, 596 F. Supp. EPA, [106] along with the advanced parole, the alien should submit supporting documentation to establish NACARA eligibility. 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. Start Printed Page 1272 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. National Security Council, Start Printed Page 1269 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 . [39] 54. 1975) ([W]e think good cause was present in this case based upon [the agency's] concern that the announcement of a price increase at a future date could have resulted in producers withholding crude oil from the market until such time as they could take advantage of the price increase.). The Cuban Adjustment Act is an extraordinarily generous immigration relief program that waives various grounds of inadmissibility. [24] 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. https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s [29] Beginning in the 2010s, a growing share of migrants have come from Northern Central America[13] 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. Adjustment of Status under the Cuban Refugee Adjustment Act of 1966. DHS Plan for Southwest Border Security and Preparedness As section 212(d)(5)(A) of the INA, 8 U.S.C. Mass shortages of dairy and other basic goods continue to persist, and Cubans wait in lines for hours to receive subsidized cooking oil or other basic goods. https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. This parole process does not, and is not intended to, replace refugee processing. Along with the Venezuelan process, this new process adds to these efforts and enables the United States to lead by example. Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. v. 67. Each individual arriving at a POE under this process will be inspected by CBP and considered for a grant of discretionary parole for a period of up to two years on a case-by-case basis. [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. In the year since the 2021 Miami immigration judge decision, many practitioners have assisted Cuban clients in pursuing adjustments under the CAA, arguing that their release from DHS custody at the border constitutes parole under INA 212(d)(5), thus satisfying the inspected and admitted or paroled requirement under the CAA. Although exact figures are unknown, experts estimate that about 30 bodies have been taken out of the Rio Grande River each month since March 2022. The New York Times, 1983) (On a number of occasions . It is not an official legal edition of the Federal See5 U.S.C. [102] . Updated January 07, 2021 10:02 AM. The Secretary retains the sole discretion to terminate the process at any point. DHS Update on Southwest Border Security and Preparedness Ahead of Court-Ordered Lifting of Title 42, Dec. 13, 2022, If a timely Form I-290B is filed and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485; or. USCIS has submitted and OMB has approved a request for emergency authorization of the required changes (under 5 CFR 1320.13) for a period of 6 months. 36. 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"). In a remarkable 24-page interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. For its part, the GOM has made clear its position that, in order to effectively manage the migratory flows that are impacting both countries, the United States needs to provide additional safe, orderly, and lawful processes for migrants who seek to enter the United States. The period of parole has expired without being renewed. This process satisfies both standards. 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. 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. [34] 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. Many Afghans paroled into the United States in 2021 and 2022 are seeking to reunify with family members left behind in Afghanistan or who are residing in third countries. 1567, 1582 (C.I.T. 1984) (cleaned up). Cuba is undergoing its worst economic crisis since the 1990s[33] The Venezuela process fundamentally changed the calculus for Venezuelan migrants. USCG crews interviewed the survivor who indicated there were 34 others on the vessel, who were not in the vicinity of the capsized vessel and survivor. By the early 2010s, three decades of investments in border security and strategy contributed to reduced border flows, with border encounters averaging fewer than 400,000 per year from 2011-2017. 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 Federal Emergency Management Agency (FEMA) has spent $260 million in FYs 2021 and 2022 combined on grants to non-governmental (NGO) and state and local entities through the Emergency Food and Shelter ProgramHumanitarian (EFSP-H) to assist with the reception and onward travel of migrants arriving at the SWB. headings within the legal text of Federal Register documents. 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. In July 2022, the 53. Moreover, this process is not only responsive to the interests of key foreign partnersand necessary for addressing migration issues requiring coordination between two or more governmentsit is also fully aligned with larger and important foreign policy objectives of this Administration and fits within a web of carefully negotiated actions by multiple governments (for instance in the L.A. 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. 49. . If not, no worries, even if he is not eligible for the Cuban Adjustment Act, he can still seek residency via asylum. Smugglers are Profiting from Their Exodus, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, This includes domestic efforts to expand immigration processing capacity and multinational collaboration to prosecute migrant-smuggling and human-trafficking criminal organizations as well as their facilitators and money-laundering networks. 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. adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to . Terminated Parole Programs. (CP1) to travel to the U.S. with parole, without waiting in Cuba for an . The Immigration and Nationality Act (INA or Act) provides the Secretary of Homeland Security with 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.[64] (last visited Dec. 17, 2022). Id. In FY 2022, more than 750 migrants died attempting to enter the United States across the SWB,[75] Tech Transparency Project, Inside the World of Misinformation Targeting Migrants on Social Media, (Sept. 7, 2022), OMB has previously approved an emergency request under 5 CFR 1320.13 for a revision to an information collection from CBP entitled Advance Travel Authorization (OMB control number 1651-0143). [1] [26] Approval of advance authorization to travel does not guarantee parole into the United States. (LA Declaration), June 10, 2022, 25. 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. CBP, Fact Sheet: Counter Human Smuggler Campaign Updated (Oct. 6, 2022), 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]. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. 1161, (as amended by Last . 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