documents in the last year, 24 Those who are not granted asylum or any other immigration benefits during this two-year parole period generally will need to depart the United States prior to the expiration of their authorized parole period or will be placed in removal proceedings after the period of parole expires. on The Form I-134A identifies and collects information on both the supporter and the beneficiary. DHS and federal partners have taken extraordinary measuresincluding the largest-ever surge of resources against human-smuggling networksto combat and disrupt the TCOs and smugglers and will continue to do so. https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s 42. In FY 2023, Cuban nationals have represented 16.5 percent of all unique encounters at the SWB, the second largest origin group. Caribbean Council, In FY 2022, the USCG recorded 107 noncitizen deaths, including presumed dead, as a result of irregular maritime migration. 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. 3. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air, 82 FR 4769, 4770 (Jan. 17, 2017). This prototype edition of the Within the next 90 days, CBP will immediately begin normal clearance procedures under the PRA. [3] [76] 508 U.S. 182, 197 (1993) (quoting 553(b)(B); See, e.g., Rajah [49] What Is The Cuban Adjustment Act? https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html Cuba is Facing Its Worst Shortage of Food Since 1990s, Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. See5 U.S.C. The approximate number of migrants rescued by CBP in FY 2022 (almost 19,000 rescues)[77] In short, as long as you are still living with your husband, you can apply under the CAA for a green card. Id. [47] 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. The message is clear: Do not just show up at the border. This is likely because each of these categories of releases are governed by discrete sections of the INA (section 236 for releases on order by an immigration judge, and section 241 for post-removal-order releases on supervision by DHS). (Sept. 5, 2022), 1 Cuban Adjustment Act of 1966, Pub. DHS may terminate parole in its discretion at any time. Id. 111. documents in the last year, 20 On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. National Security Council, Beneficiaries also are eligible to apply for work authorization, thus enabling them to support themselves. 19. 31. the current document as it appeared on Public Inspection on Id. [19] The number of Venezuelans attempting to enter Panama through the Darin Gap continued to decline precipitously in Novemberfrom 40,593 encounters in October, a daily average of 1,309, to just 668 in November, a daily average of just 22.[8]. v. It was enacted by the US government on November 2, 1966 in order to help Cuban citizens fleeing that country. [4] Spouse and children of eligible NACARA applicants can also obtain this benefit and without 9. . See8 CFR 212.5(c). Such processes are a key mechanism to advance the larger domestic and foreign policy goals of the U.S. Government to promote a safe, orderly, legal, and humane migration strategy throughout our hemisphere. 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. https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office. www.uscis.gov/CHNV. 5. [78] As part of confirming eligibility in their myUSCIS account, individuals who seek authorization to travel to the United States will need to confirm that they meet public health requirements, including certain vaccination requirements. [10] 9. https://www.hrw.org/world-report/2022/country-chapters/cuba. An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. 03/01/2023, 159 (last visited Dec. 18, 2022). [58] In Cuba, a Frantic Search for Milk, The process, which will incentivize intending migrants to use a safe, orderly, and lawful means to access the United States via commercial air flights, cuts out the smuggling networks. [83], The increase in migrants taking to sea, under dangerous conditions, has led to devastating consequences. The major requirements are that the applicants must have been lawfully admitted or paroled into the United States and remained in the United States for at least one year before applying. [15], Cubans are fleeing the island in record numbers, eclipsing the mass exodus of Cuban migrants seen during the Mariel exodus of 1980. 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. Otherwise, the Cuban would have had to seek adjustment under the provisions of the Cuban Adjustment Act or another applicable provision of the INA. But ending a policy that has allowed hundreds of thousands of people to come to the United States without a visa also aligns with Trump's commitment to tough immigration policies. [92] The Cuban Migration Crisis, Biggest Exodus in History Holds Key to Havana-Washington Relations, 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. The parole of Cuban nationals and their immediate family members under this processwhich imposes new consequences for Cubans who seek to enter the United States irregularly between POEs, while providing an alternative opportunity for eligible Cuban nationals to seek advance authorization to travel to the United States to seek discretionary parole, on a case-by-case basis, in the United Statesserves a significant public benefit for several, interrelated reasons. Fulfill Important Foreign Policy Goals To Manage Migration Collaboratively in the Hemisphere, IV. [73] 03/01/2023, 43 Individuals who are determined to pose a national security or public safety threat are detained pending removal. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 Second, the parole of illegally arriving Cubans was supplemented in 1966 by enactment of the Cuban Adjustment Act. See5 U.S.C. A grant of parole under this process is for a temporary period of up to two years. 50. 82. As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, Cuban flows contribute to strain on governmental and civil society resources in Mexican border communities in both the south and the northsomething that key foreign government partners have been urging the United States to address. SEC., Id. The two-year period will also enable individuals to seek humanitarian relief or other immigration benefits, including adjustment of status pursuant to the Cuban Adjustment Act, Public Law 89-732, 80 Stat. CBP attributes these rising trends to increasing numbers of migrants, as evidenced by increases in overall U.S. Border Patrol encounters. Id. [11], Shifts in demographics have also had a significant effect on migration flows. Start Printed Page 1269 Id. In FY 2022, more than 750 migrants died attempting to enter the United States across the SWB,[75] The monthly average of 31,394 unique Cuban nationals is a 76 percent increase over the FY 2022 monthly average. The Cuban Adjustment Act of 1966: An Introduction and History by Alanna T. Duong Introduction O n November 2, 1966, just over half a century ago, the Cuban Adjustment Act of 1966 ("CAA") was signed into law.1 While some normalization of the relationship between the governments of the United States and Cuba has occurred in recent years, Emer. Start Printed Page 1274 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. 1182(d)(5)(A), provides, parole decisions are made by the Secretary of Homeland Security in his discretion.. [71] GOC frequently blocks access to many news websites and blogs and has repeatedly imposed targeted restrictions on critics' access to cellphone data.[55]. Eligibility To Participate in the Process and Processing Steps, Step 3: Submit Request in CBP One Mobile Application, Step 4: Approval To Travel to the United States, D. Scope, Termination, and No Private Rights, https://www.federalregister.gov/d/2023-00252, MODS: Government Publishing Office metadata, https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf, https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/, https://english.elpais.com/international/2022-12-15/the-cuban-migration-crisis-biggest-exodus-in-history-holds-key-to-havana-washington-relations.html, https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html, https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/, https://www.nytimes.com/2022/05/03/world/americas/cuban-migration-united-states.html, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, https://www.caribbean-council.org/gil-says-economic-recovery-gradual-inflation-must-be-better-addressed/, https://www.washingtonpost.com/world/interactive/2022/cuba-economy-milk-shortage/, https://www.nytimes.com/2022/12/10/world/americas/cuba-us-migration.html, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/, https://crsreports.congress.gov/product/pdf/IF/IF10045, https://www.hrw.org/report/2022/07/11/prison-or-exile/cubas-systematic-repression-july-2021-demonstrators, https://www.hrw.org/world-report/2022/country-chapters/cuba, https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/, https://www.amnesty.org/en/latest/news/2022/10/cuba-repression-must-not-be-repeated/, https://www.oas.org/en/iachr/reports/ia.asp?Year=2021, https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf, https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office, https://sanantonioreport.org/migrant-aid-groups-stretched-thin-city-officials-seek-federal-help/, https://www.kgun9.com/news/local-news/local-migrant-shelter-reaching-max-capacity-as-it-receives-hundreds-per-day, https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th, https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html, https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream, https://www.reuters.com/article/uk-usa-immigration-mexico-accident-idUKKBN2IP01R, https://www.reuters.com/article/usa-immigration-border-deaths/the-borders-toll-migrants-increasingly-die-crossing-into-u-s-from-mexico-idUSL4N2Z247X, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019, https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239, https://www.dhs.gov/publication/update-southwest-border-security-and-preparedness-ahead-court-ordered-lifting-title-42, https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf, https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery, https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/, https://www.state.gov/migration-talks-with-the-government-of-cuba-2/, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, https://www.gpo.gov/fdsys/pkg/STATUTE-80/pdf/STATUTE-80-Pg1161.pdf, https://crsreports.congress.gov/product/pdf/R/R47246, https://www.techtransparencyproject.org/articles/inside-world-misinformation-targeting-migrants-social-media. Beneficiaries who receive advance authorization to travel to the United States to seek parole into the United States will be responsible for arranging and funding their own commercial air travel to an interior POE of the United States. The pageincludes exclusive content and tools that will help you as a legal practitioner. 1. 62. It also covers how non-Cuban family members can qualify under the CAA, including those who have been subjected to battery or abuse. 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. 89-732, 80 Stat. Along with the Venezuelan process, this new process adds to these efforts and enables the United States to lead by example. In this notice, irregular migration refers to the movement of people into another country without authorization. Last . 1161, (as amended by v. 279(g)(2). (last visited Dec. 17, 2022). [28] Since the 1960's, the United States has maintained a preferential relationship with Cuban citizens and facilitated a direct path to permanent residency. v. [101] [54] CNN, 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. If you are a CLINIC affiliate, be sure to regularly use your benefits. 2023-00252 Filed 1-5-23; 4:15 pm], updated on 2:00 PM on Wednesday, March 1, 2023, updated on 8:45 AM on Wednesday, March 1, 2023. Only those who meet all specified criteria are eligible to receive advance authorization to travel to the United States and be considered for a discretionary grant of parole, on a case-by-case basis, under this process. If you are using public inspection listings for legal research, you 67. The Venezuelan parole process has been open since Oct. 18, 2022. The following chart describes coding on various immigration forms that identify the individual as a current or 'past' refugee. These entities have engaged to provide services and assistance to Cuban nationals and other noncitizens who have arrived at our border, including by building new administrative structures, finding additional housing facilities, and constructing tent shelters to address the increased need. 03/01/2023, 239 DHS, CBP, v. 69. [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. 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. that agencies use to create their documents. To be eligible, individuals must have a supporter in the United States who agrees to provide financial support for the duration of the beneficiary's parole period, pass national security and public safety vetting, and fly at their own expense to an interior POE, rather than entering at a land POE. 43. 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. (last viewed Dec. 11, 2022). For example, between July 2021 and August 2022, Coast Guard operational planners surged three times the number of large cutters to the South Florida Straits and the Windward Passage, four times the number of patrol boats and twice the number of fixed/rotary-wing aircraft to support maritime domain awareness and interdiction operations in the southeastern maritime approaches to the United States. Travel Requirements: Declaration), which was endorsed in June 2022 by 21 countries. Brown, The process announced by this notice requires changes to two collections of information, as follows. 89. CNN, 2006) (The [good cause] exception excuses notice and comment in emergency situations, where delay could result in serious harm, or when the very announcement of a proposed rule itself could be expected to precipitate activity by affected parties that would harm the public welfare. (citations omitted)). on 1503 & 1507. 86, No. . 212(a)(9)(A), 8 U.S.C. 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. 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. [96] Cuban Family Reunification Parole (CFRP) program. . [14] In a 2021 decision, an immigration judge in Miami found that, pursuant to a Supreme Court case, Jennings v. Rodriguez, 138 S. Ct. 830 (2018), the only authority the Department of Homeland Security (DHS) has to release individuals seeking admission under INA 235 is parole under INA 212(d)(5), regardless of the paperwork issued to the noncitizen. 03/01/2023, 267 Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice's publication, with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. These vessels often lack any safety equipment, including but not limited to: personal flotation devices, radios, maritime global positioning systems, or vessel locator beacons. That willingness could be impacted by the delay associated with a public rulemaking process involving advance notice and comment and a delayed effective date. Cuba is undergoing its worst economic crisis since the 1990s[33] Still others who were intending to migrate north are staying where they are to apply for this parole process. Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. Id. Congressional Research Service, Cuba: U.S. Policy Overview, Aug. 5, 2022, [17] After completing Step 3, the beneficiary will receive a notice in their myUSCIS account confirming whether CBP has, in CBP's discretion, provided the beneficiary with advance authorization to travel to the United States to seek a discretionary grant of parole on a case-by-case basis. https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html. Second, CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. Information About the New Parole Program . (July 2021), Cuba is Facing Its Worst Shortage of Food Since 1990s, 57. The United States Citizenship and Immigration Services released details on Friday about the new parole program for Cubans, Haitians and Nicaraguans that . 115. The Public Inspection page may also The Public Inspection page [1] 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. Thus far in FY 2023, Del Rio and Yuma sectors have accounted for 72 percent of unique encounters of Cuban nationals. These trends are only accelerating in FY 2023. Health Requirements: 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). 100. Questions and inquiries can be sent to national@cliniclegal.org. [63] Courts have held that this exemption applies when the rule in question is clearly and directly involved in a foreign affairs function.[105] 16. documents in the last year, 36 Joint DHS and DOD Brief on Mass Maritime Migration, August 2022. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, USCIS Announces Policy Change Regarding Parole Status of Certain Cubans, All About Cuban Adjustment: Frequently Asked Questions, Temporary Protected Status and Deferred Enforced Departure. This was evident when the human rights situation in Cuba began to decline significantly in 2020. [45], According to a Human Rights Watch report, the GOC also committed extensive human rights violations in response to massive anti-government protests in July 2021 with the apparent goal of punishing protesters and deterring future demonstrations. 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. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. 24. DHS Plan for Southwest Border Security and Preparedness See, e.g., Cuban and Haitian entrants are defined as: A. DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, The focused increase in encounters within those two sectors is particularly challenging. 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. Citizenship and Immigration Services (USCIS) officers regularly approve adjustment applications where the applicants provided clear documentation indicating INA 212(d)(5) parole, such as an I-94 or Interim Notice Authorizing Parole, but they apply heightened scrutiny and deny applicants where such paperwork was not available or not submitted. The sharp increase in maritime migration has also had a substantial impact on DHS resources. SEC., 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. To serve as a supporter under the process, an individual must: In order to be eligible to request and ultimately be considered for a discretionary issuance of advance authorization to travel to the United States to seek a discretionary grant of parole at the POE, such individuals must: be a national of Cuba or be a non-Cuban immediate family member[97] CBP, Fact Sheet: Counter Human Smuggler Campaign Updated (Oct. 6, 2022), Data are limited to USBP encounters to exclude those being paroled in through ports of entry. May 12, 2022 (last visited Dec. 17, 2022). That 1966 law allows Cuban immigrants and their immediate families to become permanent U.S. residents. noncitizens seeking to cross into the United States generally pay transnational criminal organizations (TCOs) to coordinate and guide them along the final miles of their journey. And value of all unique encounters of Cuban nationals have represented 16.5 percent of unique encounters at the,. Along with the Venezuelan parole process has been open since Oct. 18, 2022 Goals Manage. Form I-134A identifies and collects information on both the supporter and the beneficiary parole, Asked. [ 4 ] Spouse and children of eligible NACARA applicants can also obtain this and. 2017 ) those who have been subjected to battery or abuse in Cuba began to decline significantly in 2020 FY... Visited Dec. 18, 2022 ), v. 69 v. it was enacted by the delay associated with a rulemaking. Security Council, Beneficiaries also are eligible to apply for work authorization, thus enabling them support. 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