30. The Cuban Adjustment Act is the way for most Cubans to get their green cards in the USA. The U.S. Government is engaged in a multi-pronged, regional strategy to address the challenges posed by irregular migration. 71. https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf. Cuban Adjustment Act, (1966), Pub.L. May 21, 2022, Migrant Truck Crashes in Mexico Killing 54 El Pas, [24] The increased volume of provisional releases of Cuban nationals puts strains on U.S. border communities. v. 728 F.2d 1477, 1492 (Temp. 70. This parole process does not, and is not intended to, replace refugee processing. This long-term strategya shared endeavor with partner nationsfocuses on addressing the root causes of migration, which are currently fueling unprecedented levels of irregular migration, and creating safe, orderly, and humane processes for migrants seeking protection throughout the region. The notice outlined the required procedure for those applicants to seek reopening of their adjustment cases under USCISs new policy that such releases from DHS custody constitute parole for the purposes of the statute. Migration Talks with the Government of Cuba, The period of parole has expired without being renewed. 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. [2] (Apr. 2008). Register, and does not replace the official print version or the official 97. In FY 2022, the USCG recorded 107 noncitizen deaths, including presumed dead, as a result of irregular maritime migration. 46. DHS, CBP, Individuals may request employment authorization from USCIS. Travel Requirements: The Secretary retains the sole discretion to terminate the process at any point. (last visited Dec. 18, 2022). [23], In addition to the increase of Cuban nationals in U.S. Coast Guard (USCG) interdictions at sea and U.S. Customs and Border Protection (CBP) encounters at the SWB, USBP encounters of Cubans in southeast coastal sectors are also on the rise. These markup elements allow the user to see how the document follows the In FY 2022, Del Rio and Yuma sectors encountered over double (137 percent increase) the number of migrants as compared to FY 2021, a fifteen-fold increase over the average for FY 2014-FY 2019, in part as a result of the sharp increase in Cuban nationals being encountered there.[60]. Caribbean Council, The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Congressional Research Service, https://www.washingtonpost.com/world/interactive/2022/cuba-economy-milk-shortage/ Cuba is Facing Its Worst Shortage of Food Since 1990s, Questions and inquiries can be sent to national@cliniclegal.org. This October 2, 2022, 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]. [113] Start Printed Page 1272 Fewer international repatriation flights in turn exacerbates DHS's inability to return or remove noncitizens in its custody by sending the message that there is no consequence for illegal entry. Local Migrant Shelter Reaching Max Capacity as it Receives Hundreds per Day, Implementation of the new parole process for Cubans is DHS has lifted the previous cap of 24,000 Venezuelan beneficiaries and will now provide travel authorization to a total of 30,000 beneficiaries per month across the four countries. 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. 202(4) (charging the Secretary with the responsibility for [e]stablishing and administering rules . 1. the Federal Register. Mukasey, In September 2022, a prolonged blackout caused by Hurricane Ian led to protests in Havana and other cities. Amnesty International received reports of the GOC deploying the military and police to repress these protests as well as reports of arbitrary detention. See, e.g., Mack Trucks, Inc. [29] 1 Cuban Adjustment Act of 1966, Pub. All noncitizens whom DHS encounters at the border undergo thorough vetting against national security and public safety databases during their processing. IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, Disincentivize a Dangerous Journey That Puts Migrant Lives and Safety at Risk and Enriches Smuggling Networks, 6. [40] El Paso sector has relatively modern infrastructure for processing noncitizens encountered at the border but is far away from other CBP sectors, which makes it challenging to move individuals for processing elsewhere during surges. documents in the last year, 24 documents in the last year, 83 The rule is that the two of you must be residing together and married when you apply. 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. That 1966 law allows Cuban immigrants and their immediate families to become permanent U.S. residents. 1182(d)(5)(A), and as a matter of discretion upon inspection, will be processed under an appropriate processing pathway and may be referred to ICE for detention. At current rates, a delay of just a few months to conduct notice-and-comment rulemaking would effectively forfeit an opportunity to reduce and divert migrant flows in the near term, harm border security, and potentially result in scores of additional migrant deaths. [26] 91. Frequently Asked Questions: Family Reunification Options for Afghans. 115. Id. Many such Cuban migrants fall victim to human smugglers and traffickers, who look to exploit the most vulnerable individuals for profit with utter disregard for their safety and wellbeing, as they attempt the dangerous journey northward through Central America and Mexico. 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. USCIS is leveraging technological and process efficiencies to minimize processing times for requests for employment authorization. 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 Venezuela process demonstrates that combining a clear and meaningful consequence for irregular entry along the SWB with a significant incentive for migrants to wait where they are and use a safe, orderly process to come to the United States can change migratory flows. 03/01/2023, 267 103. An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph (f) of this section shall be denied parole and detained for removal in accordance with the provisions of The Form I-134A identifies and collects information on both the supporter and the beneficiary. https://english.elpais.com/international/2022-12-15/the-cuban-migration-crisis-biggest-exodus-in-history-holds-key-to-havana-washington-relations.html Interested in learning more about affiliation? 1182(d)(5)(A). [15], Cubans are fleeing the island in record numbers, eclipsing the mass exodus of Cuban migrants seen during the Mariel exodus of 1980. DHS will begin using the Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. [96] 37. As it has for more than 30 years, CLINIC will fight for the rights of immigrants. has no substantive legal effect. See82 FR 4902 (Jan. 17, 2017). July 1, 2021, As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. Put simply, the Venezuela process demonstrates that combining a clear and meaningful consequence for irregular entry along the SWB with a significant incentive for migrants to wait where they are and use this parole process to come to the United States can yield a meaningful change in migratory flows. OMB has approved the emergency request for a period of 6 months. This feature is not available for this document. USCIS Resumes Cuban Family Reunification Parole Program Operations, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, I. See This limitation does not apply to immediate family members traveling with a Cuban national. 7 After EWI, a Cuban may not apply for CAA adjustment before DHS found that [s]uch a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. developer tools pages. by the Housing and Urban Development Department The success to date of the Venezuela process provides compelling evidence that coupling effective disincentives for irregular entry with incentives for a safe, orderly parole process can meaningfully shift migration patterns in the region and to the SWB. have a U.S.-based supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed; possess an unexpired passport valid for international travel; provide for their own commercial travel to an air POE and final U.S. destination; undergo and pass required national security and public safety vetting; demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, as described above, and that a favorable exercise of discretion is otherwise merited. Absent such evidence, a Cuban paroled after May 18, 1980, would only be able to seek adjustment of status under section 209 if he or she was granted status as an asylee. United States legally by virtue of the "parole power, . If you are Cuban and currently in a third country, if you enter Panama or Mexico without a visa after the program's announcement on Thursday, Jan. 5, that disqualifies you from benefiting from. v. According to historic OIS Yearbooks of Immigration Statistics, Mexican nationals accounted for 96 to over 99 percent of apprehensions of persons entering without inspection between 1980 and 2000. have not departed the United States since this initial release by DHS from DHS custody; applied for adjustment of status under the CAA by filing a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS; and. The Journal of American History 26. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. [47] Start Printed Page 1273 The White House, [59] documents in the last year, by the International Trade Commission It thus provides the United States another avenue to lead by example. In May 2022, the United States announced the resumption of operations for the Cuban Family Reunification Parole (CFRP) Program, which was established in 2007. this court has held that, in special circumstances, good cause can exist when the very announcement of a proposed rule itself can be expected to precipitate activity by affected parties that would harm the public welfare.). This process will combine a consequence for those who seek to enter the United States irregularly between POEs with a significant incentive for Cuban nationals to remain where they are and use a lawful process to request authorization to travel by air to, and ultimately apply for discretionary grant of parole into, the United States for a period of up to two years. 16. Thus far in FY 2023, Del Rio and Yuma sectors have accounted for 72 percent of unique encounters of Cuban nationals. As defined in 6 U.S.C. 24. corresponding official PDF file on govinfo.gov. 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, Learn more here. 75. (NCA) and, since the late 2010s, from countries throughout the Americas. The Economist, By reducing the demand for these services, DHS is effectively targeting the resources of TCOs and human-smuggling networks that so often facilitate these unprecedented movements with utter disregard for the health and safety of migrants. Id. 13. 102. It is not an official legal edition of the Federal [73] In 1958, Congress passed a law opening a path to permanent residence for Hungarian parolees. (last visited Dec. 17, 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. OIS Yearbook of Immigration Statistics, various years. Document Drafting Handbook Ct. App. 41. [41] Cubans who do not avail themselves of this new process, and instead enter the United States without authorization between ports of entry (POEs), generally are subject to removalincluding to third countries, such as Mexico. 03/01/2023, 159 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. 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. i.e., for better understanding how a document is structured but The beneficiary must then enter limited biographic information into CBP One and submit a live photo. In addition, permitting Cuban nationals to voluntarily depart or withdraw their application for admission one time and still be considered for parole through the process will reduce the burden on DHS personnel and resources that would otherwise be required to obtain and execute a final order of removal. [31] [76] DHS, CBP, The United States' ability to execute this process 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. Apr. For example, DHS published a notice eliminating an exception to expedited removal for certain Cuban nationals, which explained that the change in policy was consistent with the foreign affairs exemption because the change was central to ongoing negotiations between the two countries. documents in the last year. Close search now Arlington, VA inquiry@directusimmigration.com . Had the parole process been announced prior to a notice-and-comment period, it likely would have had the opposite effect, resulting in many hundreds of thousands of Venezuelan nationals attempting to cross the border before the program went into effect. 67. OIS analysis of CBP Unified Immigration Portal (UIP) data pulled on December 12, 2022. 89. In the final week of his Presidency on January 12, 2017, the Obama administration ended the Cuban Medical Professional Parole Program, as well as the special parole policy for arriving Cuban nationals known as the "wet foot/dry foot" policy. On April 25, 2022, USCIS opened a new process, Uniting for Ukraine, which allows displaced Ukrainians outside the United States to apply for advance permission to travel to the United States and be paroled. The sharp increase in maritime migration has also had a substantial impact on DHS resources. increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). Specifically, we anticipate that the parole of eligible individuals pursuant to this process will: (i) enhance border security through a reduction in 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 strain on DHS personnel and resources; (iv) minimize the domestic impact of irregular migration from Cuba; (v) provide a disincentive to undergo the dangerous 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 and, as part of those efforts, to establish additional processing pathways from within the region to discourage irregular migration. The head of the U.S. Department of Homeland Security on Monday defended a parole process that allows up to 30,000 Haitians, Cubans, Nicaraguans and Venezuelans monthly to come to the United States . Background - Cuban Parole Process This notice describes the implementation of a new parole process for certain Cuban nationals, including the eligibility criteria and filing process. See5 U.S.C. CNN, 45. . 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. 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. The case-by-case temporary parole of individuals pursuant to this process will address the urgent humanitarian needs of Cuban nationals who have fled crippling economic conditions and social unrest in Cuba. 106. Frequently Asked Questions: Family Reunification Options for Afghans. All other countries accounted for an average of 5 percent of total SWB encounters in FY 2010-FY 2013, and for 10 percent of total encounters in FY 2014-FY 2019. same Cuban detainee who could apply for Adjustment of Status if he was released on parole under . 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. Initially the Act gave Cubans the right to request. 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. The Cuban parole process will allow DHS to vet potential beneficiaries for national security and public safety purposes before they travel to the United States. See5 U.S.C. Data from SBCC, as of December 11, 2022. 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