We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. Operation Vigilant Sentry (OVS) Phase 1B, Information Memorandum for the Secretary from RADM Brendon C. McPherson, Director, Homeland Security Task ForceSoutheast, August 21, 2022. 596 F. Supp. crsreports.congress.gov/product/pdf/R/R47246 In October and November 2022, DHS encountered 62,788 unique Cuban nationals at the borderalmost one third FY 2022's record total. As noted above, this process is responsive to the GOM's request that the United States increase lawful pathways for migrants and is also aligned with broader Administration domestic and foreign policy priorities in the region. [52 FR 48802, Dec. 28 . 5 U.S.C. [73] [65] The OFR/GPO partnership is committed to presenting accurate and reliable 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 For instance: The Cuban Adjustment Act contains a "roll back" provision, which back-dates permanent residency approval by 30 months; An "asylum" claim is not required. 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. This repetition of headings to form internal navigation links Federal Register. This notice describes the implementation of a new parole process for certain Cuban nationals, including the eligibility criteria and filing process. CNN, 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. process. 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. Adriana Gomez Licon, Associated Press, Situation `dire' as Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, 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. That 1966 law allows Cuban immigrants and their immediate families to become permanent U.S. residents. 03/01/2023, 159 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. 1161, (as amended by Spouse and children of eligible NACARA applicants can also obtain this benefit and without 9. Since the 1960's, the United States has maintained a preferential relationship with Cuban citizens and facilitated a direct path to permanent residency. The program (Cuban Medical Professional Parole Program, CMPP), was repealed by the United States on January 12, 2017. . legal research should verify their results against an official edition of Public Law 89-732 or the Cuban Adjustment Act is a federal law. 03/01/2023, 239 Beginning in the 2010s, a growing share of migrants have come from Northern Central America[13] 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. [63] The Cuban Adjustment Act is the way for most Cubans to get their green cards in the USA. OIS analysis of historic CBP and USCIS data and OIS Enforcement Lifecycle through June 30, 2022. In FY 2022, 73 percent of unique encounters of Cuban nationals occurred in these two sectors. 10. https://www.oas.org/en/iachr/reports/ia.asp?Year=2021 Id. Human smugglers continue to use unseaworthy, overcrowded vessels that are piloted by inexperienced mariners. To respond to the increase in encounters along the SWB since FY 2021an increase that has accelerated in FY 2022, driven in part by the number of Cuban nationals encounteredDHS has taken a series of extraordinary steps. Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. 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. 110. 54. The trailer truck accident that killed 55 migrants in Chiapas, Mexico, in December 2021 and the tragic incident in San Antonio, Texas, on June 27, 2022, in which 53 migrants died of the heat in appalling conditions, are just two examples of many in which TCOs engaged in human smuggling prioritize profit over safety. Fla.), USCIS published a notice informing certain Cuban nationals that they may file I-290B motions for up to one year (or a new I-485) if they were denied Cuban Adjustment for lack of a parole document. IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, 29. 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. In October 2016, nearly 7,500 asylum seekers from Haiti and Cuba crossed the U.S.-Mexico border into the United States. The same logic applies here, where the Department is responding to exceedingly serious challenges at the border, and advance announcement of that response would significantly increase the incentive, on the part of migrants and others (such as smugglers), to engage in actions that would compound those very challenges. 36. https://www.hrw.org/world-report/2022/country-chapters/cuba. Administration officials called on Congress to repeal the Cuban Adjustment Act. [44] https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s 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. Los Angeles Declaration on Migration and Protection . The Cuban Migration Crisis, Biggest Exodus in History Holds Key to Havana-Washington Relations, [47] [102] More information and documentation can be found in our 96. Rescue Beacons and Unidentified Remains: Fiscal Year 2022 Report to Congress. CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. The change in policy essentially guts the Cuban Adjustment Act of 1966, which assumed that Cubans were political refugees who needed protection and allowed those who remained in the United States . 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. Dec. 15, 2022, See, e.g., Nader 9. ; Department of State, July 26, 2022 (last viewed Dec. 6, 2022). Declaration). [20] Who can travel abroad and return without prior advance parole? Cubans paroled into the United States through this process are not being paroled as refugees, and instead will be considered for parole on a case-by-case basis for a significant public benefit or urgent humanitarian reasons. The process announced by this notice requires changes to two collections of information, as follows. 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. 24. (last visited Dec. 17, 2022). As in the process for Venezuelans, a supporter in the United States must initiate the process on behalf of a Cuban national (and certain non-Cuban nationals who are an immediate family member of a primary beneficiary), and commit to providing the beneficiary financial support, as needed. Importantly, the United States will only implement the new parole process while able to remove or return to Mexico Cuban nationals who enter the United States without authorization across the SWB. 14. [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. Inquiries about the parole program and can be made to Havanauscis@dhs.gov or by calling 1-800-375-5283 toll free from the United States. It is clear that USCIS also elected to limit application of this policy to those released by DHS (whether with or without requiring bond) and not an immigration judge, and those released prior to the entry of a removal order. (last visited Dec. 17, 2022). Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. 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. Id. 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. Cuban Adjustment Act, (1966), Pub.L. [83], The increase in migrants taking to sea, under dangerous conditions, has led to devastating consequences. We hope you will join us. Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, [24] 38. 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. Reuters, This process is being implemented as a matter of the Secretary's discretion. [41] Congressional Research Service, Cuba: U.S. Policy in the 117th Congress, Sept. 22, 2022, This will enhance the scope of the pre-travel vettingthereby enabling DHS to better identify those with criminal records or other disqualifying information of concern and deny them travel before they arrive at our border, representing an improvement over the status quo. documents in the last year, 522 (last visited Dec. 19, 2022). 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. He also said that his Administration had implemented a procedure to establish a process similar to the one that had been . Border Issues, Humanitarian Relief, Parole, Humanitarian Parole, Frequently Asked Questions: New Relief Options for Ukrainians. 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. Certain non-Cubans may use this process if they are an immediate family member of a Cuban beneficiary and traveling with that Cuban beneficiary. The increased volume of provisional releases of Cuban nationals puts strains on U.S. border communities. the Department is merely adopting a general statement of policy, See82 FR 4902 (Jan. 17, 2017). 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. 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. 101. This prototype edition of the Daniel Delgado, Acting Director, Border and Immigration Policy, Office of Strategy, Policy, and Plans, Department of Homeland Security, 2707 Martin Luther King Jr. Ave. Article. See, e.g., Rajah (July 2021), The fact of the spouse's or child's birth outside Cuba, or citizenship in a country other than Cuba, has no disqualifying impact on the spouse or child's status as a parolee and eligibility to adjust status to lawful permanent resident under the Cuban Adjustment Act (CAA), Pub. While the Cuban constitution grants limited freedoms of peaceful assembly and association, the GOC restricts these freedoms in practice. https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream. 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. Any effort to meaningfully address the crisis in Cuba will require continued efforts by these and other regional partners. [12] the material on FederalRegister.gov is accurately displayed, consistent with Specifically, DHS has eliminated a special parole policy for arriving Cuban nationals commonly known as the "wet-foot/dry-foot" policy, as well as a policy for Cuban medical professionals known as the Cuban Medical Professional Parole Program. If the Cuban Adjustment Act is not an option, a special parole program may be explored. These can be useful 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. 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 [FR Doc. 97. Fulfill Important Foreign Policy Goals To Manage Migration Collaboratively in the Hemisphere, IV. The government controls formal media and closely monitors and targets perceived dissidents within the artistic community, mainstream artists, and media figures who express independent or critical views. These tools are designed to help you understand the official document Cuban and Haitian entrants are defined as: A. on For now, the GOM has indicated it is prepared to make an independent decision to accept the return or removal of Cuban nationals. This is critical, because transnational criminal organizationsincluding the Mexican drug cartelsare increasingly playing a key role in human smuggling, reaping billions of dollars in profit and callously endangering migrants' lives along the way.[74]. (LA Declaration), June 10, 2022, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html 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. The pageincludes exclusive content and tools that will help you as a legal practitioner. The Department of Homeland Security, or DHS, has announced two new options for Ukrainians who have fled Ukraine or are seeking a safe haven within the United States due to the Russian war on their country. Federal Register 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). Amnesty International received reports of the GOC deploying the military and police to repress these protests as well as reports of arbitrary detention. Initially the Act gave Cubans the right to request. 6 Generally, USCIS field officers are instructed to exercise their discretion favorably in granting parole to Cubans who entered without inspection. 728 F.2d 1477, 1492 (Temp. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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