the official SGML-based PDF version on govinfo.gov, those relying on it for This resource answers frequently asked questions about the CAA, including those regarding the eligibility requirements of inspection and admission or parole, physical presence, and admissibility. 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. Implementation of the new parole process for Cubans is 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). 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. 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. that agencies use to create their documents. Please review his documents to see if he has an I-94. This process provides a safe mechanism for Cuban nationals who seek to leave their home country to enter the United States without having to make the dangerous journey to the United States. DHS similarly invoked the foreign affairs exemption more recently, in connection with the Venezuela parole process. 6. 1503 & 1507. This law benefits those born in Cuba or those who have obtained Cuban nationality. 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. CBP and ICE detailed a combined 3,770 officers and agents to the SWB to effectively manage this processing surge. Declaration call for a collaborative and regional approach to migration, wherein countries in the hemisphere commit to implementing programs and processes to stabilize communities hosting migrants or those of high outward-migration; humanely enforce existing laws regarding movements across international boundaries, especially when minors are involved; take actions to stop migrant smuggling by targeting the criminals involved in these activities; and provide increased regular pathways and protections for migrants residing in or transiting through the 21 countries. 29. On Feb. 23, 2022, U.S. 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. OneTM. Impact on DHS Resources and Operations, 1. In October 2016, nearly 7,500 asylum seekers from Haiti and Cuba crossed the U.S.-Mexico border into the United States. The Venezuela process fundamentally changed the calculus for Venezuelan migrants. Information about this document as published in the Federal Register. Id. 62. Sept. 21, 2022, 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. same Cuban detainee who could apply for Adjustment of Status if he was released on parole under . increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). In response to the persistently elevated levels of irregular maritime migration across all southeast vectors, the Director of Homeland Security Task Force-Southeast (HSTF-SE) elevated the operational phase of DHS's maritime mass migration plan (Operation Vigilant Sentry) from Phase 1A (Preparation) to Phase 1B (Prevention). 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. 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. https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239. 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. 553(b)(A); [22], Maritime migration from Cuba also increased sharply in FY 2022 compared to FY 2021. However, these gains were subsequently reversed as border encounters more than doubled between 2017 and 2019, andfollowing a steep drop in the first months of the COVID-19 pandemiccontinued to increase at a similar pace in 2021 and 2022. While these people have an application for adjustment pending, they will not be considered to have abandoned it. USCIS may require some time for data verification and approval, but according to information provided by independent media, this . As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. INA sec. https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/ documents in the last year, 522 46. https://www.caribbean-council.org/gil-says-economic-recovery-gradual-inflation-must-be-better-addressed/ In connection with the implementation of the process described above, CBP is making multiple changes under the PRA's emergency processing procedures at 5 CFR 1320.13, including increasing the burden estimate and adding Cuban nationals as eligible for a DHS established process that necessitates collection of a facial photograph in CBP Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 81 FR 5906, 5907 (Feb. 4, 2016) (finding the good cause exception applicable because of similar short-run incentive concerns). In addition, it would be impracticable to delay issuance of this process in order to undertake such procedures becauseas noted abovemaintaining the status quo, which involves record numbers of Cuban nationals currently being encountered attempting to enter without authorization at the SWB, coupled with DHS's extremely limited options for processing, detaining, or quickly removing such migrants, would unduly impede DHS's ability to fulfill its critical and varied missions. 83. 82. Since FY 2021, DHS has built and now operates 10 soft-sided processing facilities at a cost of $688 million. https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office. . 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]. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. July 2021, The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United States between POEs, while also providing a process for certain such nationals to lawfully enter the United States in a safe and orderly manner. 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 Human smugglers continue to use unseaworthy, overcrowded vessels that are piloted by inexperienced mariners. Id. Eligibility for Work Permit: Cubans who were paroled into the United States are eligible to apply for work permits immediately after being paroled into the United States. 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. 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)). Border encounters in the 1980s and The main requirements are you have to be from Cuba, you have to be a native or citizen of Cuba. In October 2022, DHS undertook a new effort to address the high number of Venezuelans encountered at the SWB. Gil Says Economic Recovery Gradual, Inflation Must Be Better Addressed, 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. OMB has recently approved a new collection, Form I-134A, Online Request to be a Supporter and Declaration of Financial Support (OMB control number 1615-NEW). https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf. 32. 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