In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. 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. . 59. Declaration), which was endorsed in June 2022 by 21 countries. Read through our frequently asked questions to get started. and the Los Angeles Declaration on Migration and Protection (L.A. See Chamber of Commerce of U.S. Hats way off to Mark A. Prada! DHS anticipates that implementing a similar process for Cubans will reduce the number of Cubans seeking to irregularly enter the United States between POEs along the SWB or by sea by coupling a meaningful incentive to seek a safe, orderly means of traveling to the United States with the imposition of consequences for those who seek to enter without authorization pursuant to this process. These Migration Talks provide an opportunity for important discussions on mutual compliance with the Migration Accordscomposed of a series of binding bilateral agreements between the United States and Cuba signed in 1984, 1994, 1995, and 2017which establish certain commitments of the United States and Cuba relating to safe, legal, and orderly migration. Joint DHS and DOD Brief on Mass Maritime Migration, August 2022. [6] 81. 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. (last viewed Dec. 11, 2022). 32. Citizenship and Immigration Services (USCIS) issued a notice regarding previous denials of adjustment under the Cuban Adjustment Act (CCA) for Cubans designated arriving aliens at the border by the Department of Homeland Security (DHS) and subsequently released pending their removal proceedings. Sawhill, (last visited Dec. 18, 2022). Operation Vigilant Sentry is HSTF-SE's comprehensive, integrated, national operational plan for a rapid, effective, and unified response of federal, state, and local capabilities in response to indicators and/or warnings of a mass migration in the Caribbean. Los Angeles Declaration on Migration and Protection The ability to effectuate voluntary departures, withdrawals, and removals of Cuban nationals to Mexico will impose a consequence on irregular entry that currently does not exist. Implementation of the parole process is contingent on the GOM's independent decision to accept the return of Cuban nationals who voluntarily depart the United States, those who voluntarily withdraw their applications for admission, and those subject to expedited removal who cannot be removed to Cuba or elsewhere. OIS analysis of OIS Persist Dataset based on data through November 30, 2022. As described above, Cuban nationals make up a significant and growing number of those encountered seeking to cross between POEs irregularly. 118. The Director shall have authority to establish and maintain appropriate files respecting each Mariel Cuban to be reviewed for possible parole, to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews. Within a week of the October 12, 2022 announcement of that process, the number of Venezuelans encountered at the SWB fell from over 1,100 per day to under 200 per day, and as of the week ending December 4, to an average of 86 per day. rendition of the daily Federal Register on FederalRegister.gov does not Finally, the FAQ explores the process of applying for adjustment under the CAA and the availability of benefits pending adjudication. 71. 27. 52. [16] [111] 94. For purposes of this process, immediate family members are limited to a spouse, common-law partner, and/or unmarried child(ren) under the age of 21. corresponding official PDF file on govinfo.gov. In addition to the supporter requirement, Cuban nationals and their immediate family members must meet several eligibility criteria in order to be considered, on a case-by-case basis, for advance travel authorization and parole. Migration Talks with the Government of Cuba, On November 15, 2022, U.S. and Cuban officials met in Havana to discuss the implementation of the Accords and to underscore our commitment to pursuing safe, regular, and humane migration between Cuba and the United States. 69. 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. Several organizations reported countrywide internet outages, followed by erratic connectivity, including restrictions on social media and messaging platforms. Cuba Briefing, July 25, 2022, 29. Border encounters in the 1980s and Throughout the 1980s and into the first decade of the 2000s, encounters along the SWB routinely numbered in the millions per year. 11. Second, (last visited Dec. 17, 2022). Cuba's deteriorating economic conditions and political repression continue to increasingly drive Cubans out of their country. Under these parole programs, nationals of the four countries who are outside the United States may apply for advance permission to travel to the United States and enter through a grant of parole. 89. 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. Enhance Border Security by Reducing Irregular Migration of Cuban Nationals, 2. 53. 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] [10] 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). Start Printed Page 1272 03/01/2023, 43 crsreports.congress.gov/product/pdf/R/R47246 Article. 2008). Start Printed Page 1274 www.reginfo.gov. The goal of this process is to reduce the irregular migration of Cuban nationals while the United States, together with partners in the region, works to improve conditions in sending countries and create more immigration and refugee pathways in the region, including to the United States. Conclusion Dec. 10, 2022. 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. See8 CFR 212.5(e). If you have not yet been paroled into the U.S., then you must apply for a work permit just as you must apply for a green card. Improve Vetting for National Security and Public Safety, 3. [59] 89-732, 80 Stat. This parole process does not, and is not intended to, replace refugee processing. Human Rights Watch, World Report 2022Cuba. (LA Declaration), June 10, 2022, [38], The GOC has not been able to effectively address these issues to date, and has instead taken to repressive tactics to manage public discontent. The number of Venezuelans attempting to enter Panama through the Darin Gapan inhospitable jungle that spans between Panama and Colombiawas down from 40,593 in October 2022 to just 668 in November.[5]. the current document as it appeared on Public Inspection on Based on what you wrote, it seems you fulfill this requirement. Parole is not an admission of the individual to the United States, and a parolee remains an applicant for admission during the period of parole in the United States. Id. Smugglers routinely prey on migrants in response to changes in domestic immigration law. Supporters are required to provide evidence of income and assets and declare their willingness to provide financial support to the named beneficiary for the length of parole. L. No. Brown, [95] [80] 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. 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. 553(a)(1). on NARA's archives.gov. The United States will only implement the new parole process while able to return or remove to Mexico Cuban nationals who enter without authorization across the SWB. Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. 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. services and Income Maintenance programs after adjustment. 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. 77. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Register, and does not replace the official print version or the official Memorandum for the Secretary from the Under Secretary for Strategy, Policy, and Plans, Acting Commissioner of U.S. Customs and Border Protection, and Director of U.S. October 2, 2022, Along with the Venezuelan process, this new process adds to these efforts and enables the United States to lead by example. https://www.gpo.gov/fdsys/pkg/STATUTE-80/pdf/STATUTE-80-Pg1161.pdf [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. without admission or parole and those who enter without inspection), (f)(3) (explaining that noncitizens interdicted at sea are applicants for admission); but see 8 C.F.R. Reduce the Burden on DHS Personnel and Resources, 5. 62. documents in the last year, 522 fails to pass national security and public safety vetting or is otherwise deemed not to merit a favorable exercise of discretion; has crossed irregularly into the United States, between the POEs, after January 9, 2023, except individuals permitted a single instance of voluntary departure pursuant to INA section 240B, has irregularly crossed the Mexican or Panamanian border after January 9, 2023; or. Federal Register provide legal notice to the public and judicial notice v. [112] OIS analysis of OIS Persist Dataset based on data through November 30, 2022. Further, in November 2021, the Government of Nicaragua announced visa-free travel for Cubans. 99. Congressional Research Service, Cuba: U.S. Policy Overview, Aug. 5, 2022, 1990s consisted overwhelmingly of single adults from Mexico, most of whom were migrating for economic reasons. 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