Notice2023-00253
Implementation of Changes to the Parole Process for Venezuelans
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 9, 2023
Issuing agencies
Homeland Security Department
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) has authorized updates to the Parole Process for Venezuelans that was initiated in October 2022. The Venezuela process provides a safe and orderly pathway for certain individuals to seek authorization to travel to the United States to be considered for parole at an interior port of entry, contingent on the Government of Mexico (GOM) making an independent decision to accept the return or removal of Venezuelan nationals who bypass this new process and enter the United States without authorization. Pursuant to this notice, the Secretary has removed the limit of 24,000 total travel authorizations and replaced it with a monthly limit of 30,000 travel authorizations spread across this process and the separate and independent Parole Process for Cubans, Parole Process for Haitians, and Parole Process for Nicaraguans (as described in separate notices published concurrently in today's edition of the Federal Register). The Secretary also has updated the eligibility criteria for the Venezuela process by including an exception that will enable Venezuelans who cross without authorization into the United States at the Southwest Border (SWB) and are subsequently permitted a one-time option to voluntarily depart or voluntarily withdraw their application for admission to maintain eligibility to participate in this parole process. DHS believes that these changes are needed to ensure that the Venezuela process continues to deliver the already-realized benefits of reducing the number of Venezuelan nationals crossing our border without authorization and the surge in migration throughout the hemisphere and channels migrants into a safe and orderly process that enables them to enter the United States without making the dangerous journey to the SWB.
Full Text
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<title>Federal Register, Volume 88 Issue 5 (Monday, January 9, 2023)</title>
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[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1279-1282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00253]
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DEPARTMENT OF HOMELAND SECURITY
Implementation of Changes to the Parole Process for Venezuelans
ACTION: Notice
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) has authorized updates to the Parole Process for
Venezuelans that was initiated in October 2022. The Venezuela process
provides a safe and orderly pathway for certain individuals to seek
authorization to travel to the United States to be considered for
parole at an interior port of entry, contingent on the Government of
Mexico (GOM) making an independent decision to accept the return or
removal of Venezuelan nationals who bypass this new process and enter
the United States without authorization. Pursuant to this notice, the
Secretary has removed the limit of 24,000 total travel authorizations
and replaced it with a monthly limit of 30,000 travel authorizations
spread across this process and the separate and independent Parole
Process for Cubans, Parole Process for Haitians, and Parole Process for
Nicaraguans (as described in separate notices published concurrently in
today's edition of the Federal Register). The Secretary also has
updated the eligibility criteria for the Venezuela process by including
an exception that will enable Venezuelans who cross without
authorization into the United States at the Southwest Border (SWB) and
are subsequently permitted a one-time option to voluntarily depart or
voluntarily withdraw their application for admission to maintain
eligibility to participate in this parole process. DHS believes that
these changes are needed to ensure that the Venezuela process continues
to deliver the already-realized benefits of reducing the number of
Venezuelan nationals crossing our border without authorization and the
surge in migration throughout the hemisphere and channels migrants into
a safe and orderly process that enables them to enter the United States
without making the dangerous journey to the SWB.
DATES: 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. DHS will apply the changes to the process beginning on
January 6, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel Delgado, Acting Director,
Border and Immigration Policy, Office of Strategy, Policy, and Plans,
Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE,
Washington, DC 20528-0445; telephone (202) 447-3459 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background--Venezuelan Parole Process
On October 19, 2022, DHS published a Federal Register Notice
describing a new effort to address the high number of Venezuelans
encountered at the SWB.\1\ Since the announcement of that process,
Venezuelans who have not availed themselves of the process, and instead
entered the United States without authorization, have been expelled to
Mexico pursuant to the Centers for Disease Control and Prevention (CDC)
Title 42 public health Order or, if not expelled, processed for removal
or the initiation of removal proceedings.
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\1\ 87 FR 63507 (Oct. 19, 2022).
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Once the Title 42 public health Order is lifted, DHS will no longer
expel noncitizens to Mexico, but rather all noncitizens will be
processed pursuant to DHS's Title 8 immigration authorities. The United
States' continued operation of this process will continue to be
contingent on the GOM's independent decision to accept the return of
removal of individuals, including under Title 8 authorities.
Eligibility To Participate in the Process
As described in the October 19 Federal Register Notice, the
Department of Homeland Security (DHS) implemented a process--modeled on
the successful Uniting for Ukraine (U4U) parole process--for certain
Venezuelan nationals to lawfully enter the United States in a safe and
orderly manner. To be eligible, individuals must have a supporter in
the United States who agrees to provide financial support, such as
housing and other needs; must pass national security and public safety
vetting; and must agree to fly at their own expense to an interior U.S.
port of entry (POE), rather than entering at a land POE.
Individuals are ineligible if they have been ordered removed from
the United States within the prior five years or have entered
unauthorized into the United States, Mexico, or Panama after October
19, 2022. Venezuelan nationals also are generally ineligible if they
are a permanent resident or dual national of any country or hold
refugee status in any country other than Venezuela, though per the
conforming change described below, they will now remain eligible to be
considered for parole under this process if DHS operates a similar
parole process for nationals of that other country. Only those who meet
all specified criteria will be eligible to receive advance
authorization to travel to the United States and be considered for
parole, on a case-by-case basis, under this process. The process
originally limited the number of Venezuelans who could receive travel
authorization to 24,000.
II. Assessment of Venezuela Parole Process to Date
The success of the Venezuela process demonstrates that combining a
clear and meaningful consequence for unauthorized entry along the SWB
with a significant incentive for migrants to wait where they are and
use a lawful process to come to the United States can change migratory
flows. 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.\2\ The new process and
accompanying consequence for unauthorized entry also led to a
precipitous decline in Venezuelan irregular migration \3\ throughout
the Western Hemisphere. The number of Venezuelans attempting to enter
Panama through the Dari[eacute]n was down from 40,593 in October 2022
to just 668 in November.\4\ DHS provided the new parole process for
Venezuelans who are backed by supporters in the United States to come
to the United States by
[[Page 1280]]
flying to interior POEs--thus obviating the need for them to make the
dangerous journey to the SWB. Meanwhile, the GOM for the first time
made an independent decision to accept the returns of Venezuelans who
crossed the SWB without authorization pursuant to the Title 42 public
health Order, which imposed a consequence on Venezuelans who sought to
come to the SWB rather than avail themselves of the newly announced
parole process. With the vast majority of those encountered returned to
Mexico, fewer releases have freed up DHS resources that would otherwise
be used to process these individuals; this has also reduced the number
of individuals state and local governments, as supported by civil
society, have had to receive and assist.
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\2\ Office of Immigration Statistics (OIS) analysis of data
pulled from CBP Unified Immigration Portal (UIP) December 5, 2022.
Data are limited to USBP encounters to exclude those being paroled
in through ports of entry.
\3\ In this notice, irregular migration refers to the movement
of people into another country without authorization.
\4\ Servicio Nacional de Migraci[oacute]n de Panam[aacute],
Irregulares en Tr[aacute]nsito Frontera Panam[aacute]-Colombia 2022,
<a href="https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf">https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf</a> (last viewed
Dec. 11, 2022).
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The effects have been felt throughout the Western Hemisphere, not
just in the United States. Thousands of Venezuelans who had already
crossed the Dari[eacute]n have flown back to Venezuela on voluntary
flights organized by the governments of Mexico, Guatemala, and Panama,
as well as civil society.\5\ Other migrants who were about to enter the
Dari[eacute]n have turned around and headed back south.\6\ Still others
who were intending to migrate north are staying where they are to apply
for this lawful process, rather than make the dangerous journey to the
SWB.\7\
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\5\ La Prensa Latina Media, More than 4,000 migrants voluntarily
returned to Venezuela from Panama, <a href="https://www.laprensalatina.com/more-than-4000-migrants-voluntarily-returned-to-venezuela-from-panama/">https://www.laprensalatina.com/more-than-4000-migrants-voluntarily-returned-to-venezuela-from-panama/</a>, Nov. 9 2022 (last viewed Dec. 8, 2022).
\6\ Voice of America, U.S. Policy Prompts Some Venezuelan
Migrants to Change Route, <a href="https://www.voanews.com/a/us-policy-prompts-some-venezuelan-migrants-to-change-route/6790996.html">https://www.voanews.com/a/us-policy-prompts-some-venezuelan-migrants-to-change-route/6790996.html</a>, Oct.
14, 2022 (last viewed Dec. 8, 2022).
\7\ Axios, Biden's new border policy throws Venezuelan migrants
into limbo, <a href="https://www.axios.com/2022/11/07/biden-venezuela-border-policy-darien-gap">https://www.axios.com/2022/11/07/biden-venezuela-border-policy-darien-gap</a>, Nov. 7 2022 (last viewed Dec. 8, 2022).
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DHS has seen strong interest in this parole process. As of December
27, 2022, DHS had authorized travel for more than 15,700 Venezuelan
beneficiaries, already more than half of the available number of travel
authorizations.\8\ Of those authorized to travel to the United States,
more than 10,600 have arrived and been paroled into the country.\9\
More than 3,600 of those Venezuelans who have flown into the United
States and were paroled through this process arrived from Colombia;
another 2,300 came from Venezuela, 1,500 from Mexico, and 3,100 from
other countries. Those figures show that the process is reaching both
people in Venezuela and Colombia before they seek to irregularly
migrate, and those who are displaced in transit countries, like
Mexico.\10\
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\8\ Department of Homeland Security, Daily Venezuela Report,
Dec. 27, 2022.
\9\ Id.
\10\ Id.
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III. Changes
Given the early success of the process, the Secretary has
authorized two changes to the process to ensure its continued
viability, particularly as DHS prepares for an eventual transition from
Title 42 processing to full Title 8 processing at the border.\11\
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\11\ The Secretary authorized the changes following
considerations reflected in the Secretary's decision memorandum
dated December 22, 2022. See 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.
Citizenship and Immigration Services, Updates to the Parole Process
for Certain Venezuelan Nationals (Dec. 22, 2022).
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A. Removal of the 24,000 Limit on Travel Authorizations and Replacement
With a 30,000 Monthly Limit Spread Across Separate and Independent
Parole Processes
The process announced in the October 19 Federal Register Notice was
subject to a numerical limit. Demand for the Venezuela process has far
exceeded the 24,000 limit set in the first Federal Register Notice. In
just two months of operation, DHS received thousands of applications
from supporters and has already approved well more than half of the
available travel authorizations. Were DHS to reach the numerical limit,
prospective migrants would no longer be eligible for this process,
which serves as a meaningful alternative to irregular migration. DHS
anticipates that we would then see increased irregular migration of
Venezuelans.
Accordingly, the Secretary has removed the 24,000 numerical limit
on travel authorizations and replaced it with a monthly limit of 30,000
travel authorizations in the aggregate spread across this process and
the separate and independent Parole Process for Cubans, Parole Process
for Haitians, and Parole Process for Nicaraguans (as described in
separate notices published concurrently in today's edition of the
Federal Register). This change gives DHS the flexibility to continue
the process for Venezuelans, thereby providing more certainty to the
public and supporting partners. It also preserves the flexibility to
extend or terminate the process, as the circumstances warrant. DHS will
continue to evaluate this monthly limit and make adjustments if needed
over time.
B. Updated Eligibility Criteria
Following the GOM's independent decision to accept returns of
Venezuelans, DHS began expelling Venezuelans who are encountered after
entering the United States without authorization, pursuant to the Title
42 public health Order. Currently, a Venezuelan (or qualifying
immediate family member) is ineligible to participate in the parole
process if, among other things, they crossed irregularly into the
United States after October 19, 2022--regardless of whether they were
expelled, ordered removed, or departed voluntarily.\12\
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\12\ 87 FR 63507 (Oct. 19, 2022).
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After the Title 42 Order ceases to be in effect, DHS will resume
Title 8 immigration processing of all individuals, including
Venezuelans. Pursuant to Title 8, noncitizens who have entered the
United States without authorization may be permitted to voluntarily
depart pursuant to Immigration and Nationality Act (INA) 240B, 8 U.S.C.
1229c, may be permitted to voluntarily withdraw their application for
admission pursuant to INA 235(a)(4), 8 U.S.C. 1225(a)(4), or may be
ordered removed, regardless of whether Title 42 remains in effect.
Individuals continue to be generally ineligible for consideration
for parole pursuant to this process if they have crossed into the
United States without authorization between POEs along the SWB since
October 20, 2022. There will now be the following exception:
individuals who have crossed without authorization into the United
States after December 20, 2022, and have been permitted a single
instance of voluntary departure pursuant to INA 240B, 8 U.S.C. 1229c,
or withdrawal of their application for admission pursuant to INA
235(a)(4), 8 U.S.C. 1225(a)(4), will remain eligible to participate in
the parole process. If such an individual crossed without authorization
between POEs along the SWB from October 20, 2022 through December 20,
2022, they would remain ineligible to participate and the exception
would not apply. Permitting Venezuelan 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. This includes reducing strain on
detention and removal flight capacity, officer resources, and reducing
costs associated with detention and monitoring.
[[Page 1281]]
The Secretary has also approved a conforming change to provide that
a Venezuelan national who is a permanent resident or dual national of
any country or holds refugee status in any country other than Venezuela
remains eligible to be considered for parole under this process if DHS
operates a similar parole process for nationals of that other country.
All other eligibility requirements described in the October 19, 2022
Notice remain the same.
These changes are responsive to our multilateral commitments to
address irregular migration throughout the Hemisphere. In this case,
the United States is making two changes to this process that will
support our commitment to creating additional lawful pathways. For its
part, the GOM has made an independent decision to accept the return or
removal, including under Title 8, of Venezuelan nationals who bypass
this new process and enter the United States without authorization. The
United States' continued operation of this process is contingent on the
GOM's independent decision in this regard.
C. Scope, Termination, and No Private Rights
The Secretary retains the sole discretion to terminate the Parole
Process for Venezuelans at any point.The number of travel
authorizations granted under this process shall be spread across this
process and the separate and independent Parole Process for Cubans,
Parole Process for Haitians, and Parole Process for Nicaraguans (as
described in separate notices published concurrently in today's edition
of the Federal Register), and shall not exceed 30,000 each month. Each
of these processes operates independently, and any action to terminate
or modify any of the other processes will have no bearing on the
criteria for or independent decisions with respect to this process.
This process is being implemented as a matter of the Secretary's
discretion. It is not intended to and does not create any rights,
substantive or procedural, enforceable by any party in any matter,
civil or criminal.
IV. Regulatory Requirements
A. Administrative Procedure Act
The October 19 Federal Register Notice describing this process
explained that this process is exempt from notice-and-comment
rulemaking requirements because (1) the process is a general statement
of policy,\13\ (2) the process pertains to a foreign affairs function
of the United States,\14\ and (3) even if notice-and-comment were
required, DHS would for good cause find that the delay associated with
implementing these changes through notice-and-comment rulemaking would
be impracticable and contrary to the public interest because of the
need for coordination with the GOM, and the urgent border and national
security and humanitarian interests in reducing and diverting the flow
of irregular migration.\15\ The changes described in this Notice are
amenable to immediate issuance and implementation for the same reasons.
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\13\ 5 U.S.C. 553(b)(A); see also id. 553(d)(2).
\14\ 5 U.S.C. 553(a)(1).
\15\ 5 U.S.C. 553(b)(B).
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First, these changes relate to a general statement of policy,\16\
i.e., a ``statement[] issued by an agency to advise the public
prospectively of the manner in which the agency proposes to exercise a
discretionary power.'' \17\ As section 212(d)(5)(A) of the INA, 8
U.S.C. 1182(d)(5)(A), provides, parole decisions are made by the
Secretary of Homeland Security ``in his discretion.''
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\16\ 5 U.S.C. 553(b)(A); id. 553(d)(2).
\17\ Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting
Chrysler Corp. v. Brown, 441 U.S. 281, 302 n.31 (1979)).
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Second, even if these changes were considered to be a legislative
rule that would normally be subject to requirements for notice-and-
comment rulemaking and a delayed effective date, these changes--like
the implementation of the process itself--pertain to a foreign affairs
function of the United States, as described in the October 19 notice,
and are directly responsive to ongoing conversations with, and requests
from, foreign partners.\18\ Specifically, the GOM has urged the United
States to consider lifting the 24,000 limit,\19\ which would allow more
Venezuelans to participate in and engage the process and further
disincentivize irregular migration, enhancing the security of both of
our borders. Delaying implementation of these changes to conduct
notice-and-comment rulemaking would directly implicate the GOM's
independent decision to accept returns, including under Title 8
processes, and produce undesirable international consequences. Absent
these changes, DHS would soon reach the 24,000 cap and GOM would no
longer accept the returns of Venezuelan nationals. Thus, without these
changes, DHS would no longer have the ability to return Venezuelan
nationals to Mexico, and the Venezuela process would no longer be
viable. That would then, in all likelihood, lead to another surge in
migration of Venezuelan nationals throughout the hemisphere and to our
border.
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\18\ 5 U.S.C. 553(a)(1).
\19\ See Dallas Morning News, Ahead of Title 42's end, U.S.-
Mexico negotiations called `intense,' `round-the-clock' <a href="https://www.dallasnews.com/news/2022/12/13/ahead-of-title-42s-end-us-mexico-negotations-called-intense-round-the-clock/">https://www.dallasnews.com/news/2022/12/13/ahead-of-title-42s-end-us-mexico-negotations-called-intense-round-the-clock/</a>, Dec. 13, 2022 (last
viewed Dec. 14, 2022).
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Finally, even if notice-and-comment and a delayed effective date
were required, DHS would for good cause find that the delay associated
with implementing these changes through notice-and-comment rulemaking
would be impracticable and contrary to the public interest because of
the need for coordination with the GOM, and the urgent border and
national security and humanitarian interests in reducing and diverting
the flow of irregular migration.\20\ As noted above, absent immediate
action, there is a risk that DHS meets the 24,000 cap, which would in
turn cause the GOM to no longer accept the returns of Venezuelan
nationals and end the success of the parole process to date at reducing
the number of Venezuelan nationals encountered at the border.
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\20\ See 5 U.S.C. 553(b)(B); id. 553(d)(3).
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B. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 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. The process announced by this notice involves three
collections of information, as follows.
In connection with the process for Venezuelans, OMB has previously
approved a revision to USCIS Form I-134, Declaration of Financial
Support (OMB control number 1615-0014) under the PRA's emergency
processing procedures at 5 CFR 1320.13. OMB has recently approved a new
collection, Form I-134A, Online Request for Consideration to be a
Supporter and Declaration of Financial Support (OMB control number
1615-NEW). This new collection will now be used for the Venezuela
parole process and is being revised in connection with this notice,
including by increasing the burden estimate. USCIS has submitted and
OMB has approved a request for emergency authorization of the required
changes (under 5 CFR 1320.13) for a period of 6 months. Within the next
90 days, USCIS will immediately begin normal clearance procedures under
the PRA.
OMB has also previously approved an emergency request under 5 CFR
1320.13 for a revision to an information
[[Page 1282]]
collection from CBP entitled Advance Travel Authorization (OMB control
number 1651-0143). In connection with the changes described above, CBP
is making further changes under the PRA's emergency processing
procedures at 5 CFR 1320.13, including increasing the burden estimate.
OMB has approved the emergency request for a period of 6 months. Within
the next 90 days, CBP will immediately begin normal clearance
procedures under the PRA.
More information about these collections can be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023-00253 Filed 1-5-23; 4:15 pm]
BILLING CODE 9110-09-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.