Adjustment of Status under the Cuban Refugee Adjustment Act of 1966. Adriana Gomez Licon, Associated Press, Coast Guard suspends search for migrants off Florida, Jan. 27, 2022, CFRP provides a safe, orderly pathway to the United States for certain Cuban beneficiaries of approved family-based immigrant petitions. After the Cuban Revolution, Congress passed the Cuban Adjustment Act, allowing Cubans paroled into the U.S. after fleeing from the regime of Fidel Castro to become lawful permanent residents after . As it has for more than 30 years, CLINIC will fight for the rights of immigrants. Id. on [51], The government's repression and inability to address the underlying shortages that inspired those lawful demonstrations have generated a human rights and humanitarian crisis that is driving Cubans from the country. Washington Office on Latin America, 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. OIS Yearbook of Immigration Statistics, various years. Washington, DC, Approves Creation of New Agency to Provide Services for Migrants Arriving From Other States, OIS analysis of CBP Unified Immigration Portal (UIP) data pulled on December 12, 2022. Start Printed Page 1279 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. Parole is discretionary and assessed by USCIS on a case-by-case basis. A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS through the online myUSCIS web portal to initiate the process. Venezuelan migrants who had already crossed the Darin Gap have returned to Venezuela by the thousands on voluntary flights organized by the governments of Mexico, Guatemala, and Panama, as well as civil society. 56. (Apr. The Venezuelan parole process has been open since Oct. 18, 2022. 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. 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. [52 FR 48802, Dec. 28 . Federal Register issue. The numbers of Cubans encountered at the SWB are already high, and a delay would greatly exacerbate an urgent border and national security challenge, and would miss a critical opportunity to reduce and divert the flow of irregular migration. on 46. DHS may terminate parole in its discretion at any time. Verify if the individual arrived in the United States with parole status or applied for parole later (see These tools are designed to help you understand the official document [108], Third, https://www.amnesty.org/en/latest/news/2022/10/cuba-repression-must-not-be-repeated/ 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. 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. 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. The GOM, as it makes its independent decisions as to its ability to accept returns of third country nationals at the border and its efforts to manage migration within Mexico, is thus closely watching the United States' approach to migration management and whether it is delivering on its plans in this space. In FY 2022, DHS expelled 4,710 Cuban nationals to Mexico, equivalent to 2 percent of Cuban encounters for the year.[56]. 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. daily Federal Register on FederalRegister.gov will remain an unofficial 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 553(a)(1). 1161, (as amended by [73] the organizations exploit migrants for profit, often bringing them across inhospitable deserts, rugged mountains, and raging rivers, often with small children in tow. The United States will combine a consequence for Cuban nationals who seek to enter the United States irregularly at the land border with an incentive to use the safe, orderly process to request authorization to travel by air to, and seek parole to enter, the United States, without making the dangerous journey to the border. 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. In FY 2022, the USCG recorded 107 noncitizen deaths, including presumed dead, as a result of irregular maritime migration. These can be useful USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. Key allies in the regionincluding specifically the Governments of Mexico, Honduras, Guatemala, and Costa Ricaare affected by the increased movement of Cuban nationals and have been seeking greater U.S. action to address these challenging flows for some time. Joint DHS and DOD Brief on Mass Maritime Migration, August 2022. 43. 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. We've gotten several calls with regard to this information. (last visited Dec. 17, 2022). OIS analysis of OIS Persist Dataset and CBP subject-level data through November 30, 2022. [83], The increase in migrants taking to sea, under dangerous conditions, has led to devastating consequences. 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. Cuba is Facing Its Worst Shortage of Food Since 1990s, When you are already in the United States, you can apply for lawful permanent resident status, commonly known as a green card, through the process of adjustment of status. Id. 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. OIS analysis of historic CBP data. 1975) ([W]e are satisfied that there was in fact `good cause' to find that advance notice of the freeze was `impracticable, unnecessary, or contrary to the public interest' within the meaning of section 553(b)(B). were denied their Form I-485 based solely on a USCIS determination that they did not meet their burden of establishing that they had been admitted or paroled. Second, the government's response has been marked by further political repression, including widespread arrests and arbitrary detentions in response to protests. 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. (last viewed Dec. 11, 2022). 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. Id. 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. 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. There are urgent border and national security and humanitarian interests in reducing and diverting the flow of irregular migration. [93] Open for Comment, Economic Sanctions & Foreign Assets Control, Electric Program Coverage Ratios Clarification and Modifications, Determination of Regulatory Review Period for Purposes of Patent Extension; VYZULTA, General Principles and Food Standards Modernization, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 2. (last visited Dec. 17, 2022). If approved, this authorization is generally valid for 90 days, and beneficiaries are responsible for securing their own travel via commercial air to an interior POE of the United States. This document has been published in the Federal Register. DHS Update on Southwest Border Security and Preparedness Ahead of Court-Ordered Lifting of Title 42, Dec. 13, 2022, USCIS Resumes Cuban Family Reunification Parole Program Operations, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, Rescue Beacons and Unidentified Remains: Fiscal Year 2022 Report to Congress. In this Issue, Documents better and aid in comparing the online edition to the print edition. Start Printed Page 1278 Terminated Parole Programs. 2012) (noting that the good cause exception is appropriately invoked when the timing and disclosure requirements of the usual procedures would defeat the purpose of the proposalif, for example, announcement of a proposed rule would enable the sort of financial manipulation the rule sought to prevent [or] in order to prevent the amended rule from being evaded (cleaned up)); 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). In short, as long as you are still living with your husband, you can apply under the CAA for a green card. an estimated 32 percent increase from FY 2021 (568 deaths) and a 195 percent increase from FY 2020 (254 deaths). The Secretary retains the sole discretion to terminate the process at any point. case-by-case basis and conduct vetting, these requirements involve different parts of DHS and require fewer resources as compared to the status quo. 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. 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. Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. endanger[] human life and hav[e] a potential destabilizing effect in the region.[116] 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. `Cuba Is Depopulating': Largest Exodus Yet Threatens Country's Future, See, e.g., Untimely Form I-290Bs should be annotated, UNTIMELY MTR DENIED CAA I-485 FOR NO ADMISSION OR PAROLE. Applicants meeting the above criteria should attach a copy of the USCIS notice on top of any new Form I-485 or Form I-290B, indicate that they meet the criteria, and attach evidence of such criteria with their filing. (Apr. 82. See, e.g., Nader Travel Requirements: chapter 35, all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any new reporting requirements they impose. DHS, CBP, 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 increased rates of both migrant deaths and those needing rescue at the SWB demonstrate the perils in the migrant journey. Reuters, 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 pageincludes exclusive content and tools that will help you as a legal practitioner. ) and shall not exceed 30,000 each month in the aggregate. [47] DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, 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). Attorneys familiar with the Cuban Adjustment Act, which has given Cubans a virtually guaranteed path to legal residency and eventual citizenship, said the Cubans could have permission to stay. 89-732, 80 Stat. 1503 & 1507. 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