Notice2023-14475
Implementation of a Family Reunification Parole Process for Salvadorans
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Published
July 10, 2023
Issuing agencies
Homeland Security Department
Abstract
This notice announces the U.S. Department of Homeland Security's (DHS) creation and implementation of a family reunification parole process (FRP) for Salvadorans. Under this process, certain Salvadoran principal beneficiaries of an approved Form I-130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from El Salvador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, and regional strategy to address the challenges posed by irregular migration.
Full Text
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<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43611-43621]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14475]
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2750-23; DHS Docket No. USCIS-2023-0007]
RIN 1615-ZC00
Implementation of a Family Reunification Parole Process for
Salvadorans
AGENCY: Department of Homeland Security.
ACTION: Notice of Implementation of a Family Reunification Parole
Process for Salvadorans.
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SUMMARY: This notice announces the U.S. Department of Homeland
Security's (DHS) creation and implementation of a family reunification
parole process (FRP) for Salvadorans. Under this process, certain
Salvadoran principal beneficiaries of an approved Form I-130, Petition
for Alien Relative, and their immediate family members, will be issued
advance authorization to travel to the United States to seek a
discretionary grant of parole into the United States for a period of up
to three years, rather than remain outside the United States while
awaiting availability of their immigrant visas. This process will allow
family members to reunite in the United States while they wait for
their immigrant visas to become available. This process is voluntary
and intended to provide an additional lawful, safe, and orderly avenue
for migration from El Salvador to the United States as an alternative
to irregular migration to help relieve pressure at the Southwest Border
(SWB) and reunite families, consistent with U.S. national security
interests and foreign policy priorities. The process complements other
efforts to collaboratively manage migration in the Western Hemisphere
and at the SWB as the U.S. Government (USG) continues to implement its
broader, multi-pronged, and regional strategy to address the challenges
posed by irregular migration.
DATES: DHS will begin using the Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support, for this process on
July 10, 2023.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
SUPPLEMENTARY INFORMATION:
I. Background
This notice describes the implementation of a new parole process
for certain Salvadoran nationals and their immediate family members,\1\
including the eligibility criteria and filing process. The parole
process is intended to reunite families more quickly and offer an
alternative to dangerous irregular migration routes through North and
Central America to the United States by providing a process for certain
Salvadorans and their immediate family members to lawfully enter the
United States in a safe and orderly manner.
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\1\ Throughout this notice, ``immediate family members'' is used
as a shorthand for the derivative beneficiary spouse and children of
a principal beneficiary. See INA sec. 203(d), 8 U.S.C. 1153(d); see
also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in
general, as meaning ``an unmarried person under twenty-one years of
age'').
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The USG is committed to implementing a comprehensive framework to
manage migration through North and Central America.\2\ Executive Order
(E.O.) 14010 called for a four-pronged approach, including: addressing
the root causes of irregular migration; managing migration throughout
the region collaboratively with other nations and stakeholders;
restoring and enhancing the U.S. asylum system and the process for
migrants at the SWB to access this system; and creating and expanding
lawful pathways for migrants to enter the United States and seek
protection.\3\
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\2\ See generally Executive Order 14010, Creating a
Comprehensive Regional Framework to Address the Causes of Migration,
To Manage Migration Throughout North and Central America, and To
Provide Safe and Orderly Processing of Asylum Seekers at the United
States Border (Feb. 2, 2021). <a href="https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02561.pdf">https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02561.pdf</a>; see also NSC, Collaborative
Migration Management Strategy (July 2021), <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf</a>.
\3\ See E.O. 14010 at secs. 2-4.
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In July 2021, the National Security Council (NSC) published the
U.S. Strategy for Addressing the Root Causes
[[Page 43612]]
of Migration in Central America.\4\ This strategy outlined a
comprehensive framework within which federal government agencies would
work collaboratively to address the root causes of irregular migration
through Central America, noting long-standing political instability,
insecurity, and climate change in the region. Also in July 2021, the
NSC published the Collaborative Migration Management Strategy, which
described U.S. strategy to collaboratively manage migration through
Central America.\5\ Further, in March 2022, DHS published an interim
final rule (IFR) intended to allow U.S. immigration officials to
consider more promptly the asylum claims of individuals encountered at
or near the SWB while ensuring the fundamental fairness of the asylum
process.\6\ In June 2022, through the Los Angeles Declaration on
Migration and Protection (L.A. Declaration), the United States, along
with several countries in the Western Hemisphere, committed to
strengthen national, regional, and hemispheric efforts to create the
conditions for safe, orderly, humane, and regular migration, and
signaled their intent to work together to expand access to regular
pathways for migrants and international protection, including through
family reunification options, where appropriate and feasible, in
accordance with national legislation.\7\
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\4\ See NSC, U.S. Strategy for Addressing the Root Causes of
Migration in Central America (July 2021) <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf</a>.
\5\ See NSC Collaborative Migration Management Strategy (July
2021), <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-%20Migration-%20Management-%20Strategy">https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-%20Migration-%20Management-%20Strategy</a>.
\6\ Procedures for Credible Fear Screening and Consideration of
Asylum, Withholding of Removal, and CAT Protection Claims by Asylum
Officers, 87 FR 18078 (Mar. 29, 2022).
\7\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/</a>.
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A critical component of this migration framework is the creation
and expansion of lawful pathways through which migrants can come to the
United States as one means of reducing irregular migration flows.
Building on the success of Uniting for Ukraine,\8\ in October 2022, the
United States announced a parole process for certain Venezuelan
nationals and their immediate family members to lawfully enter the
United States in a safe and orderly manner.\9\ The process for
Venezuelans was designed to immediately address the humanitarian need
and the increasing number of encounters of Venezuelan nationals at the
SWB.\10\ Implementation of the parole process for Venezuelans was
dependent on Mexico continuing to accept the return of Venezuelan
nationals seeking to irregularly enter the United States between the
ports of entry (POEs), and the announcement made clear that Venezuelans
who did not avail themselves of this process, and who instead entered
the United States without authorization, were subject to expulsion or
removal.\11\ In January 2023, DHS implemented similar parole processes
for Cubans, Haitians, and Nicaraguans, and their immediate family
members, to address the increasing numbers of encounters of nationals
of those countries at the SWB, and announced changes to the parole
process for Venezuelans to allow for its continued operation.\12\
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\8\ Implementation of the Uniting for Ukraine Parole Process, 87
FR 25040 (Apr. 27, 2022).
\9\ Implementation of a Parole Process for Venezuelans, 87 FR
63507 (Oct. 19, 2022).
\10\ See id.
\11\ Id.
\12\ See Implementation of a Parole Process for Cubans, 88 FR
1266 (Jan. 9, 2023); Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); Implementation
of Changes to the Parole Process for Venezuelans, 88 FR 1279 (Jan.
9, 2023).
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On May 12, 2023, following the termination of the Centers for
Disease Control and Prevention's (CDC) Title 42 public health Order,
DHS and the Department of Justice (DOJ) implemented a joint final rule,
Circumvention of Lawful Pathways, which incentivizes migrants to avail
themselves of identified lawful, safe, and orderly pathways into the
United States, or otherwise to seek asylum or other protection in
another country through which they travel.\13\ That rule reflects the
position that an increase in the availability of lawful pathways paired
with consequences for migrants who do not avail themselves of such
pathways can encourage the use of lawful pathways and undermine
transnational criminal organizations (TCOs), such as smuggling
operations.\14\
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\13\ 88 FR 31314 (May 16, 2023).
\14\ See id. at 31325.
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In addition, DHS and the Department of State (State) have
collaborated on a number of efforts to address the challenges of
irregular migration by expanding access to lawful pathways, including:
restarting and expanding eligibility criteria to the Central American
Minors (CAM) Program; \15\ and expanding refugee processing in South
and Central America, including by working to establish Safe Mobility
Offices (SMOs) in key locations.\16\ USG efforts have also expanded
access to H-2 temporary nonimmigrant worker visas for individuals in
the region while enhancing worker protections.\17\
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\15\ The United States announced in March 2021 that the CAM
Program would reopen and continue with processing for cases that
were closed in 2018 when the program was terminated. In June 2021,
the United States announced the program would be expanded by
increasing the categories of eligible U.S.-based relatives who can
request access for their children in Northern Central America (NCA).
In April 2023, the United States announced enhancements to the CAM
Program, including updates to certain eligibility criteria for
program access. See Bureau of Population, Refugees, and Migration;
Central American Minors Program, 88 FR 21694 (Apr. 11, 2023).
\16\ See DHS, Fact Sheet, U.S. Government Announces Sweeping New
Actions to Manage Regional Migration (Apr. 27, 2023), <a href="https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration">https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration</a>. DHS has previously
announced the intention to establish Regional Processing Centers
(RPCs) but will now refer to them as Safe Mobility Offices (SMOs)
following the launch of the <a href="http://MovilidadSegura.org">MovilidadSegura.org</a> website and the
announcements with hosting countries. See The White House, Joint
Statement from the United States and Guatemala on Migration (Jun 1,
2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/</a>; See United States Department of State, U.S.-Colombia
Joint Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 4, 2023), <a href="https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>; See The White House, Readout of Principal Deputy
National Security Advisor Jon Finer's Meeting with Colombian Foreign
Minister Alvaro Leyva (June 11, 2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/</a>; See United States Department of
State, U.S.-Costa Rica Joint Commitment to Address the Hemispheric
Challenge of Irregular Migration (June 12, 2023), <a href="https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>.
\17\ While focusing attention on improvements to recruitment
practices and educating workers on their rights in the NCA countries
and labor conditions in the United States, the United States
Government has been engaging in efforts to substantially increase
the number of H-2 temporary workers from the NCA countries. As part
of these efforts, the Secretary of Homeland Security, in
consultation with the Secretary of Labor, has exercised the
authority given by Congress to allocate additional H-2B temporary
non-agricultural worker visas under the supplemental cap. Most
recently, on December 15, 2022, DHS and DOL jointly published a
temporary final rule increasing the number of H-2B nonimmigrant
visas by up to 64,716 for the entirety of FY 2023. See Exercise of
Time-Limited Authority to Increase the Numerical Limitation for FY
2023 for the H-2B Temporary Nonagricultural Worker Program and
Portability Flexibility for H-2B Workers Seeking to Change
Employers, 87 FR 76816 (Dec. 15, 2022). 20,000 of these H-2B visas
are reserved for nationals of El Salvador, Guatemala, Honduras, and
Haiti. Id. DHS and DOL similarly exercised this authority in other
recent FYs, with specific allocations for NCA countries. See
Exercise of Time-Limited Authority To Increase the Numerical
Limitation for Second Half of FY 2022 for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking To Change Employers, 87 FR 30334 (May 18, 2022)
(authorizing the issuance of no more than 35,000 additional H-2B
visas during the second half of FY 2022, of which 11,500 H-2B visas
were reserved for nationals of El Salvador, Guatemala, Honduras, and
Haiti); Exercise of Time-Limited Authority to Increase the Fiscal
Year 2022 Numerical Limitation for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking to Change Employers, 87 FR 4722 (Jan. 28, 2022) (DHS
and DOL authorized an additional 20,000 H-2B visas, of which 6,500
were again reserved for nationals of the NCA countries, with the
addition of Haiti); Exercise of Time-Limited Authority to Increase
the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking to Change Employers, 86 FR 28198 (May 25, 2021) (DHS
and DOL authorized a total of 22,000 supplemental visas, of which
6,000 visas were reserved for nationals of the NCA countries).
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[[Page 43613]]
Consideration of noncitizens for parole on a case-by-case basis
under the process outlined here will meaningfully contribute to the
broader USG strategy of expanding access to lawful pathways to
individuals who may otherwise undertake an irregular migration journey
to the United States.
II. Parole Authority
The Immigration and Nationality Act (INA) provides the Secretary of
Homeland Security (the Secretary) with the discretionary authority to
parole applicants for admission ``into the United States temporarily
under such reasonable conditions as [the Secretary] may prescribe only
on a case-by-case basis for urgent humanitarian reasons or significant
public benefit.'' \18\ Parole is not an admission of the individual to
the United States, and a parolee remains an ``applicant for admission''
during their period of parole in the United States.\19\ DHS sets the
duration of the parole based on the purpose for granting the parole
request and may impose appropriate conditions on parole.\20\ DHS may
terminate parole upon notice in its discretion at any time.\21\ By
regulation, parolees may apply for and be granted employment
authorization to work lawfully in the United States.\22\
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\18\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6
U.S.C. 202(a)(4) (charging the Secretary with the responsibility for
``[e]stablishing and administering rules . . . governing . . .
parole'').
\19\ INA secs. 101(a)(13)(B) and 212(d)(5)(A), 8 U.S.C.
1101(a)(13)(B) and 1182(d)(5)(A).
\20\ See 8 CFR 212.5(c).
\21\ See 8 CFR 212.5(e).
\22\ See 8 CFR 274a.12(c)(11).
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Past Secretaries have similarly exercised the parole authority to
establish other family reunification parole processes administered by
U.S. Citizenship and Immigration Services (USCIS). For example, the
Cuban Family Reunification Parole (CFRP) Program, as established in
2007, allows U.S. citizens (USCs) and lawful permanent residents (LPRs)
to request parole for certain eligible family members in Cuba who are
beneficiaries of approved Form I-130s.\23\ If parole is authorized,
these family members may come to the United States and seek parole
before their immigrant visa priority dates are current.\24\ Similarly,
in 2014, the Haitian Family Reunification Parole (HFRP) Program was
established, allowing USCs and LPRs to request parole for certain
eligible family members in Haiti who are beneficiaries of approved Form
I-130s, who may subsequently come to the United States and seek parole
before their immigrant visa priority dates are current.\25\
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\23\ See Cuban Family Reunification Parole Program, 72 FR 65588
(Nov. 21, 2007) (Noting that granting parole to eligible aliens
under the CFRP Program serves the significant public benefit of
enabling the United States to meet its commitments under the
Migration Accords as well as ``reducing the perceived need for
family members left behind in Cuba to make irregular and inherently
dangerous attempts to arrive in the United States through unsafe
maritime crossings, thereby discouraging alien smuggling as a means
to enter the United States,'' and stating that whether to parole a
particular alien ``remains, however, a case-by-case, discretionary
determination.'').
\24\ Id.
\25\ See Implementation of Haitian Family Reunification Parole
Program, 79 FR 75581 (Dec. 18, 2014) (``By expanding existing legal
means for Haitians to immigrate, the HFRP Program serves a
significant public benefit by promoting safe, legal, and orderly
migration to the United States. Furthermore, it supports U.S. goals
for Haiti's long-term reconstruction and development.'').
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III. The FRP Process for Salvadorans
As in the CFRP and HFRP processes, this FRP process for Salvadorans
will allow USCs and LPRs to request for certain family members to
receive advance authorization to travel to the United States to seek
parole at an interior POE. Individuals who are eligible to be
considered for parole under this process include nationals of El
Salvador who are beneficiaries of an approved Form I-130 family-based
immigrant petition, as well as their immediate family members, who are
outside the United States and who have not yet received an immigrant
visa. Like the CFRP and HFRP processes, this process requires that the
Form I-130 petitioner first receive an invitation to request
consideration for advance authorization to travel and parole on behalf
of the Salvadoran principal beneficiary of the approved Form I-130 and
the principal beneficiary's immediate family members. As in the CFRP
and HFRP processes, this invitation requirement will allow DHS to
adjust the number of invitations issued based on the resources
available to process requests and to achieve desired policy objectives.
If issued advance authorization to travel, the beneficiary will be
permitted to travel to the United States to be considered for a
discretionary grant of parole on a case-by-case basis at an interior
POE. Noncitizens paroled into the United States under this FRP process
will generally be paroled for up to three years, consistent with the
HFRP process. If granted parole into the United States, parolees will
be able to request employment authorization while they wait for their
immigrant visa to become available and to apply for adjustment of
status to that of an LPR once an immigrant visa becomes available to
them. As with the CFRP and HFRP processes, under this FRP process for
Salvadorans, parole will only be authorized on a discretionary, case-
by-case, and temporary basis upon a demonstration of urgent
humanitarian reasons or significant public benefit, as well as a
demonstration that the beneficiary warrants a favorable exercise of
discretion. Noncitizens paroled into the United States under this
process may request additional periods of parole. DHS will determine
whether an additional period is warranted, on a case-by-case basis, for
urgent humanitarian reasons or significant public benefit.
IV. Justification for the Process--Significant Public Benefit
As noted above, section 212(d)(5)(A) of the INA, 8 U.S.C.
1182(d)(5)(A), confers upon the Secretary the discretionary authority
to parole noncitizens ``into the United States temporarily under such
reasonable conditions as [the Secretary] may prescribe only on a case-
by-case basis for urgent humanitarian reasons or significant public
benefit.''
The case-by-case parole of noncitizens with approved family-based
immigrant visa petitions under this process will, in general, provide a
significant public benefit by furthering the USG's holistic migration
management strategy, specifically by: (1) promoting family unity; (2)
furthering important foreign policy objectives, (3) providing a lawful
and timely alternative to irregular migration; (4) reducing strain on
limited U.S. resources; and (5) addressing root causes of migration
through economic stability and development supported by increased
remittances.
A. Promoting Family Unity
Consistent with Section 3(b)(ii) of E.O. 14010, the case-by-case
parole of noncitizens under this FRP process will provide the
significant public benefit of promoting family unity by providing a
more expeditious pathway for USCs and LPRs to reunite with their family
[[Page 43614]]
members from El Salvador in the United States. Currently, nationals of
El Salvador with approved family-based petitions often wait many years
before their immigrant visas can be issued and they can travel to the
United States to apply for admission as immigrants.\26\ While waiting
for an immigrant visa to be issued, security concerns and uncertainty
in their home countries, combined with a desire to reunify with family
in the United States, could cause many to undertake irregular migratory
routes in the absence of an alternative path to come to the United
States in the near term for family reunification.
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\26\ For example, under the May 2023 Department of State Visa
Bulletin, a Salvadoran married child of a U.S. citizen--F3
Preference Relative category--will only have an immigrant visa
available to them if their relative filed the Form I-130 on their
behalf more than 14 years ago. See DOS, Visa Bulletin for May 2023,
Number 77, Volume X (May 2023), <a href="https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html">https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html</a>. However, these dates are not predictive. Due to increases
in Form I-130 volumes, it is likely that a Salvadoran married child
of a U.S. citizen for whom a Form I-130 is filed today will have
even longer to wait before an immigrant visa becomes available.
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By facilitating quicker reunification of USCs and LPRs with their
family members in the United States, this FRP process will improve the
social and economic stability and well-being of these families, as well
as their communities at large. Additionally, facilitating reunification
in the short-term through a lawful, safe, and orderly pathway will
provide the significant public benefit of promoting the reception and
integration of arriving noncitizens into American society. New arrivals
will be introduced sooner to the networks already built by family
members living in the United States, providing them an opportunity to
familiarize themselves with the United States, establish stable
financial foundations, find housing and transportation, and enroll in
school and find childcare for their children as they wait for their
immigrant visas to become available.
B. Furthering Important Foreign Policy Objectives
The United States has been engaging with international partners to
manage irregular migration through various lines of effort, including
bringing together leaders from nations across the Western Hemisphere to
endorse the L.A. Declaration,\27\ joining Colombia and Panama to ramp
up efforts to address irregular flows through the Dari[eacute]n,\28\
working to establish SMOs in key locations in the Western
Hemisphere,\29\ joining Mexico to announce and develop a humanitarian
plan on migration,\30\ and issuing a trilateral statement with Canada
and Spain to announce our intent to partner together to deepen
engagement in Latin America.\31\ A central theme of all these efforts
is, as further articulated below, expanding and strengthening access to
lawful pathways for migration. Many countries have cooperated
extensively to: (1) create and expand access to lawful pathways in
their respective countries; and (2) increase enforcement measures along
the migratory routes and introduce policies that seek to reduce
irregular migration from or through their countries. In turn, regional
partner countries have consistently requested that the United States
expand and strengthen access to lawful pathways, even following
implementation of the parole processes for nationals of Cuba, Haiti,
Nicaragua, and Venezuela (CHNV). Implementation of this parole process
is one way of responding to such requests. Therefore, the parole of
noncitizens, on a case-by-case basis, under this process will secure
cooperation and strengthen bilateral relations with regional partners
in furtherance of U.S. national interests.
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\27\ See The White House, Los Angeles Declaration on Migration
and Protection, June 10, 2022, <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/</a>.
\28\ Trilateral Joint Statement, April 11, 2023, <a href="https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement">https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement</a>.
\29\ See The White House, Joint Statement from the United States
and Guatemala on Migration (June 1, 2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/</a>;
See United States Department of State, U.S.-Colombia Joint
Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 4, 2023), <a href="https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>; See The White House, Readout of Principal Deputy
National Security Advisor Jon Finer's Meeting with Colombian Foreign
Minister Alvaro Leyva (June 11, 2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/</a>; See United States Department of
State, U.S.-Costa Rica Joint Commitment to Address the Hemispheric
Challenge of Irregular Migration (June 12, 2023), <a href="https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>.
\30\ See The White House, Mexico and United States Strengthen
Joint Humanitarian Plan on Migration, May 2, 2023, <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/</a>.
\31\ See DHS, Trilateral statement on joint commitment to Latin
America, May 3, 2023, <a href="https://www.dhs.gov/news/2023/05/03/trilateral-statement-joint-commitment-latin-america">https://www.dhs.gov/news/2023/05/03/trilateral-statement-joint-commitment-latin-america</a>.
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This process is not only responsive to the requests and interests
of key foreign partners--and necessary for addressing migration
challenges requiring coordination between two or more governments--it
is also fully aligned with larger and important foreign policy
objectives of this Administration and fits within a network of
carefully negotiated actions by multiple governments, as reflected in
the L.A. Declaration and the aforementioned actions.\32\ The L.A.
Declaration acknowledges the endorsees' shared responsibility on
migration and commitment to strengthen national, regional, and
hemispheric efforts to create the conditions for safe, orderly, humane,
and regular migration.\33\ All 21 countries that endorsed the
declaration reaffirmed their shared commitment to strengthening and
expanding regular pathways and promoting principles of safe, orderly,
humane, and regular migration.\34\ As such, it is the view of the
United States that this process advances the Administration's foreign
policy goals by demonstrating U.S. partnership and U.S. commitment to
the shared goals of addressing migration through the hemisphere, both
of which are essential to maintaining strong relationships with key
partners to manage migration collaboratively.
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\32\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/">https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/</a>.
\33\ Id.
\34\ Id.
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The USG further intensified its international engagement in recent
months and weeks as the date on which the CDC Title 42 public health
Order \35\ would terminate neared and DHS anticipated a significant
potential further increase in irregular migration.\36\ For instance,
consistent with the goals of the L.A. Declaration and in anticipation
of the end of the Title 42 public health Order, on April 11, 2023, and
at the request of the United States, the United States, jointly with
the Governments of Panama and Colombia, committed to three goals--a
counter-
[[Page 43615]]
human smuggling effort in both the land and maritime domain; an
expansion of lawful pathways as an alternative to irregular migration;
and increased economic investment in impacted border communities--as
part of a coordinated 60-day campaign and sustained cooperation beyond
the initial two-month campaign to reduce irregular migration.\37\
Implementing this process fulfills one of the commitments the United
States made with its regional partners to seek to, among all three
governments, ``[o]pen new lawful and flexible pathways for tens of
thousands of migrants and refugees as an alternative to irregular
migration.'' \38\
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\35\ See Public Health Determination and Order Regarding
Suspending the Right to Introduce Certain Persons from Countries
Where a Quarantinable Communicable Disease Exists, 87 FR 19941,
19941-42 (Apr. 6, 2022) (describing the CDC's recent Title 42 public
health Orders, which ``suspend[ ] the right to introduce certain
persons into the United States from countries or places where the
quarantinable communicable disease exists in order to protect the
public health from an increased risk of the introduction of COVID-
19'').
\36\ See 88 FR 11704, 11704-08 (Feb. 23, 2023) (describing
``concern about the possibility of a surge in irregular migration
upon, or in anticipation of, the eventual lifting of the Title 42
public health Order''); CNN, Southern border braces for a migrant
surge with Title 42 set to expire this week, May 8, 2023, <a href="https://www.cnn.com/2023/05/08/us/title-42-expires-border-immigration/index.html">https://www.cnn.com/2023/05/08/us/title-42-expires-border-immigration/index.html</a>.
\37\ Trilateral Joint Statement, April 11, 2023, <a href="https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement">https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement</a>.
\38\ See id.
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The USG also continues to encourage regional governments to
continue to expand lawful pathways that they make available for
migrants, including providing status to migrants residing in their
countries, as well as establish removal programs. Colombia, for
example, has given 10-year temporary protected status to approximately
2.5 million Venezuelans, allowing them to work, study, and access
public services.\39\ Ecuador, Costa Rica, Belize, and Peru are also
undertaking similar efforts to regularize migrants from Venezuela and
Nicaragua.\40\ Partner countries have also taken actions to forgive
existing migrant overstay fines, effectively removing one of the
largest barriers to regularization.\41\ Brazil's ``Operation Welcome''
helped over 100,000 Venezuelans voluntarily resettle in places where
they have greater economic opportunity.\42\ Mexico and Canada are
increasing the number of people that they welcome on a humanitarian
basis.\43\ The implementation of this parole process will demonstrate
to these regional governments the commitment of the United States
government to continue to expand lawful, safe, and orderly pathways as
an alternative to irregular migration.
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\39\ See Secretary Antony J. Blinken and Secretary of Homeland
Security Alejandro Mayorkas at a Joint Press Availability--United
States Department of State, Apr. 27, 2023, <a href="https://www.state.gov/secretary-antony-j-blinken-and-secretary-of-homeland-security-alejandro-mayorkas-at-a-joint-press-availability/">https://www.state.gov/secretary-antony-j-blinken-and-secretary-of-homeland-security-alejandro-mayorkas-at-a-joint-press-availability/</a>.
\40\ See id.
\41\ See id.
\42\ See id.
\43\ See id.
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C. Lawful Alternative to Irregular Migration
In addition to existing lawful pathways, implementation of this FRP
process will provide another lawful, safe, and orderly alternative to
irregular migration in the near term. In the past several years, out-
migration from the countries of Northern Central America (NCA),
including El Salvador, Guatemala, and Honduras, has accounted for a
significant proportion of individuals seeking to irregularly migrate to
the United States. In Fiscal Year (FY) 2021, CBP encounters with
Salvadorans at the SWB increased by about 168 percent as compared to
FY18, and about 7.0 percent as compared to FY19, with encounters
totaling approximately 98,600 in FY21 as compared to 36,800 and 92,200
in FY18 and FY19, respectively.\44\ In FY22, the encounters remained at
the high levels of the previous fiscal year, with 97,000
encounters.\45\ For FY21 through April 2023 of FY23, migrants from the
NCA accounted for more than 27 percent of all encounters at the SWB,
with Salvadorans accounting for approximately 4.3 percent of all
encounters.\46\ Economic insecurity and high levels of poverty, food
insecurity, and sexual and gender-based violence, coupled with the
desire to reunite with family members already in the United States, are
driving migrants from NCA countries, including El Salvador, to the
United States.\47\
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\44\ Data as of May 4, 2023. OIS analysis of CBP data.
\45\ Id.
\46\ Id.
\47\ See Migration Policy Institute, Charting a New Regional
Course of Action: The Complex Motivations and Costs of Central
American Migration (Nov. 2021) <a href="https://www.migrationpolicy.org/research/motivations-costs-central-american-migration">https://www.migrationpolicy.org/research/motivations-costs-central-american-migration</a>; see also NSC,
U.S. Strategy for Addressing the Root Causes of Migration in Central
America (July 2021) <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf</a>.
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Some beneficiaries of approved family-based immigrant visa
petitions may have to wait many years for an immigrant visa to become
available.\48\ While beneficiaries will still need to wait to apply to
become an LPR, this FRP process will allow certain noncitizens to spend
part of that waiting time with family in the United States. The process
will create a lawful, safe, and orderly pathway to travel to the United
States for certain nationals of El Salvador and their immediate family
members, who have already followed established channels to begin
seeking lawful status in the United States, whose immigrant visa
petitions have been approved, and who are waiting for an immigrant visa
to become available. The availability of this FRP process could
discourage beneficiaries whose immigrant visas are not expected to
become available soon from engaging in irregular migration by providing
a hope and expectation that they will soon have access to a reasonably
foreseeable, safe, and orderly alternative to irregular migration for
which they may choose to wait.
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\48\ See William Kandel, Congressional Research Service, U.S.
Family-Based Immigration Policy (Feb. 9, 2018), <a href="https://crsreports.congress.gov/product/pdf/R/R43145">https://crsreports.congress.gov/product/pdf/R/R43145</a>; DOS, Visa Bulletin for
May 2023, Number 77, Volume X (May 2023), <a href="https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html">https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html</a>.
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D. Reducing Strain on Limited U.S. Resources
Substantial irregular migration, including from El Salvador, has
strained DHS's reception and processing capacity at the SWB. Between
FY20 and April 2023, encounters of Salvadorans at the SWB totaled
approximately a quarter million.\49\ By establishing a lawful pathway
for some of these migrants from El Salvador, on a case-by-case basis,
to enter the country before an immigrant visa becomes immediately
available to them, this FRP process is expected to reduce the number of
irregular migrants encountered at the SWB,\50\ thereby providing a
significant public benefit by reducing the strain on border reception
and processing capacity, including by diverting the processing of
individuals to interior POEs.
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\49\ CBP, Nationwide Encounters (last visited June 9, 2023)
<a href="https://www.cbp.gov/newsroom/stats/nationwide-encounters">https://www.cbp.gov/newsroom/stats/nationwide-encounters</a>.
\50\ As of late May 2023, there are currently an estimated
32,600 Salvadoran nationals with an approved Form I-130 waiting to
travel to the United States. Individuals in this population may need
to wait over 15 years for an immigrant visa to become available.
Although DHS does not expect to issue invitations corresponding to
all such Salvadoran nationals, this process may result in a
significant reduction in wait times outside the United States for a
substantial portion of this population, reducing incentives for
irregular migration.
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Paroling individuals through this process will be less resource-
intensive than processing individuals who irregularly migrate.
Noncitizens who arrive through this FRP process will generally not
require placement in DHS custody or removal proceedings, allowing more
space and resources to be used for managing irregular migration.\51\
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\51\ See, e.g., INA secs. 235, 240, 8 U.S.C. 1225, 1229a.
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Furthermore, by establishing a meaningful, near-term lawful pathway
that certain individuals, if found to be eligible on a case-by-case
basis, may choose to use in lieu of attempting to enter the United
States irregularly, the process will redirect such intending migrants
away from irregular migratory routes that funnel money into TCOs. TCOs
engaged in human smuggling
[[Page 43616]]
along the route from the NCA region to the United States earn hundreds
of millions to billions of dollars each year from smuggling activities
associated with irregular migration.\52\ TCOs exploit irregular
migration for financial gain, either by charging migrants to cross the
border, forcing migrants to carry contraband as they cross, or forcing
and coercing migrants into a sex or labor trafficking situation.\53\
This money can then be used to fund additional human smuggling, drug
trafficking, and human trafficking, to buy weapons, or to engage in
other illicit activities in the region, all of which are competing
priorities for limited U.S. border resources to confront and
manage.\54\ This FRP process is expected to reduce the number of
irregular migrants who may be exploited by TCOs engaged in human
smuggling, serving a significant public benefit.
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\52\ Homeland Security Operational Analysis Center, Human
Smuggling and Associated Revenues: What Do or Can We Know About
Routes from Central America to the United States (2019) <a href="https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2852/RAND_RR2852.pdf">https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2852/RAND_RR2852.pdf</a>; see also DHS, Fact Sheet: Counter Human Smuggler
Campaign Update (Oct. 6, 2022) <a href="https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th">https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th</a>.
\53\ DHS's Efforts to Disrupt Transnational Criminal
Organizations in Central America: Hearing before the Subcommittee on
Oversight, Management, and Accountability of the Committee of
Homeland Security of the House of Representatives, 117th Cong.
(2021).
\54\ Id.
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E. Addressing Root Causes of Migration Through Remittances
This FRP process will also aid U.S. efforts in addressing economic
insecurity in El Salvador, which is a key factor that drives out-
migration.\55\ Unlike many individuals who irregularly migrate,
noncitizens who are paroled into the United States through this process
will be immediately eligible to apply for employment authorization that
they may maintain throughout the duration of their parole period,
allowing them to contribute to the U.S. economy through the labor they
provide, taxes they pay, and consumption of goods or payment of rent
and utilities in their new U.S. communities.\56\ Noncitizens with
authorization to work also typically enjoy higher wages than those
without employment authorization, providing them with the resources to
send additional money to their home country as remittances.\57\
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\55\ U.S. Department of State, Integrated Country Strategies--El
Salvador, Apr. 21, 2023, <a href="https://www.state.gov/wp-content/uploads/2023/04/ICS_WHA_El-Salvador_Public.pdf">https://www.state.gov/wp-content/uploads/2023/04/ICS_WHA_El-Salvador_Public.pdf</a>.
\56\ See generally, e.g., National Academies of Sciences,
Engineering, and Medicine, ``The Economic and Fiscal Consequences of
Immigration'' (2017), <a href="https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration">https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration</a>; Chair
Cecilia Rouse, Lisa Barrow, Kevin Rinz, and Evan Soltas, The White
House Blog: The Economic Benefits of Extending Permanent Legal
Status to Unauthorized Immigrants (Sept. 17, 2021), <a href="https://www.whitehouse.gov/cea/blog/2021/09/17/the-economic-benefits-of-extending-permanent-legal-status-to-unauthorized-immigrants/">https://www.whitehouse.gov/cea/blog/2021/09/17/the-economic-benefits-of-extending-permanent-legal-status-to-unauthorized-immigrants/</a>.
\57\ George J. Borjas, ``The Earnings of Undocumented
Immigrants,'' National Bureau of Economic Research (Mar. 2017),
<a href="https://www.nber.org/papers/w23236">https://www.nber.org/papers/w23236</a> (providing that noncitizens
without authorization to work earn less than those with employment
authorization).
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Additional remittances sent back to El Salvador, together with
other efforts to improve the investment climate and infrastructure in
the country and address security concerns may promote economic
development and address some of the root causes of migration.\58\
Remittances from migrants from NCA countries including El Salvador
already play a crucial role in their economies.\59\ In 2018,
remittances from migrants living abroad were equivalent to nearly 21
percent of Gross Domestic Product (GDP) in El Salvador.\60\ Remittances
remained stable in 2019, at 21 percent.\61\ Following the onset of the
COVID-19 pandemic in 2020, remittances to the NCA countries increased
dramatically as a percentage of GDP in 2021. In El Salvador
specifically, remittances were equivalent to 26 percent of the
country's 2021 GDP.\62\ For the first eight months of 2022, remittances
to El Salvador, Guatemala, and Honduras increased 16.5 percent.\63\
Remittances provide a crucial financial lifeline that enhances economic
development and promotes economic stability for many individuals,
families, and communities in El Salvador, impacting individual
decisions on whether to leave the region. In the absence of timely
alternative options for lawful pathways, such as parole under this
process, and the additional remittances that are anticipated to result
from implementation of this process, individuals are more likely to
turn to irregular migration in the short-term.
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\58\ Pew Research Center, Remittances from Abroad are major
economic assets for some developing countries (Jan. 29, 2018)
<a href="https://www.pewresearch.org/fact-tank/2018/01/29/remittances-from-abroad-are-major-economic-assets-for-some-developing-countries/">https://www.pewresearch.org/fact-tank/2018/01/29/remittances-from-abroad-are-major-economic-assets-for-some-developing-countries/</a>; see
also NSC, U.S. Strategy for Addressing the Root Causes of Migration
in Central America (July 2021) <a href="https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf">https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf</a>; see also Atlas of
Sustainable Development Goals, Remittances: a lifeline for many
economies, The World Bank (2020) <a href="https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/">https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/</a>.
\59\ See Atlas of Sustainable Development Goals, Remittances: a
lifeline for many economies, The World Bank (2020) <a href="https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/">https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/</a>; see also Council on Foreign Relations, Central America's
Turbulent Northern Triangle (July 1, 2021) <a href="https://www.cfr.org/backgrounder/central-americas-turbulent-northern-triangle">https://www.cfr.org/backgrounder/central-americas-turbulent-northern-triangle</a>.
\60\ Congressional Research Service, U.S. Strategy for
Engagement in Central America: Policy Issues for Congress (Nov. 12,
2019) <a href="https://fas.org/sgp/crs/row/R44812.pdf">https://fas.org/sgp/crs/row/R44812.pdf</a>.
\61\ The World Bank, Personal Remittances, received (% of GDP)--
El Salvador (last visited June 9, 2023) <a href="https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?locations=SV">https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?locations=SV</a>.
\62\ Id.; also see Bloomberg L[iacute]nea, Remittances to
Central America on Track to Break Records (Nov. 1, 2022) <a href="https://www.bloomberglinea.com/english/remittances-to-central-america-on-track-to-breaking-records">https://www.bloomberglinea.com/english/remittances-to-central-america-on-track-to-breaking-records</a>.
\63\ Id.
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V. Eligibility
A. Petitioners
Invitations to participate in this process will be issued to
certain petitioners who have an approved Form I-130 filed on behalf of
a Salvadoran principal beneficiary. Invitations will be issued based on
operational capacity, the expected period of time until the principal
beneficiary's immigrant visa becomes available, and in a manner
calibrated to best achieve the policy aims of this process as described
in this Notice. Petitioners who have an approved \64\ Form I-130 filed
on behalf of a Salvadoran principal beneficiary outside the United
States should ensure that their mailing address and other contact
information are up to date with State's National Visa Center (NVC), as
this is the information that will be used to issue invitations. The
invitations will provide information about how the petitioner may file
a request with USCIS that initiates this FRP process on behalf of a
Salvadoran principal beneficiary of an approved Form I-130, and a
separate request for any immediate family members of the principal
beneficiary. As part of the request process, the petitioner will be
required to provide evidence of their income and assets and commit to
provide financial support to the beneficiary named in the request for
the length of parole by submitting Form I-134A online. Petitioners will
also be required to provide evidence to verify the family relationship
between the principal beneficiary of the Form I-130 and all immediate
family members of the principal beneficiary for whom the petitioner
will be filing a request under this process. As part of the review
[[Page 43617]]
process, the petitioner must pass security and background vetting,
including for public safety, national security, human trafficking, and
exploitation concerns.
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\64\ In certain circumstances, such as if the beneficiary is no
longer eligible for the Form I-130 (e.g., the petitioner is no
longer an LPR or U.S.C.), parole would be denied, and the Form I-130
approval would be revoked. If DHS revokes Form I-130 approval, the
beneficiary will no longer be eligible for an immigrant visa. DHS
will make these determinations on a case-by-case basis and will
provide a written notice.
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B. Beneficiaries
A beneficiary is a national of El Salvador (or their immediate
family member of any nationality) who is outside the United States and
who may be considered for a discretionary grant of parole under this
FRP process. To ultimately be considered for a discretionary issuance
of advance authorization to travel to the United States to seek a
discretionary grant of parole at the POE, a beneficiary must:
<bullet> be outside the United States;
<bullet> be the principal beneficiary (or a derivative beneficiary
spouse or child) \65\ of an approved Form I-130, Petition for Alien
Relative;
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\65\ See INA sec. 203(d), 8 U.S.C. 1153(d); see also INA sec.
101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in general, as
meaning ``an unmarried person under twenty-one years of age''). If a
principal beneficiary married or had a child after USCIS approved
the underlying Form I-130, that spouse or unmarried child under 21
may in some circumstances become a derivative beneficiary and may be
eligible for parole based on their relationship to the principal
beneficiary. Such ``add-on derivatives'' are included within the
term ``derivative'' in this notice.
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<bullet> be a national of El Salvador or be a non-Salvadoran
derivative beneficiary spouse or child \66\ of a Salvadoran principal
beneficiary;
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\66\ Certain non-Salvadorans may use this process if they are a
derivative beneficiary of a Salvadoran principal beneficiary and
traveling with that Salvadoran beneficiary.
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<bullet> have a petitioning relative in the United States who
received an invitation to initiate this FRP process on their behalf by
filing a Form I-134A;
<bullet> have a U.S.-based petitioning relative who filed a Form I-
134A on their behalf that USCIS has vetted and confirmed;
<bullet> have not yet been issued an immigrant visa at the time the
invitation is issued to the petitioning relative; and
<bullet> have an unexpired passport valid for international travel,
or possess alternative acceptable documentation as described in the
invitation letter issued to the petitioning relative.
In addition, each beneficiary must undergo and pass national
security and public safety vetting and must demonstrate that they
otherwise merit a favorable exercise of discretion by DHS. This
includes vetting prior to issuance of advance authorization to travel
to an interior POE to seek parole, as well as additional vetting
completed by CBP upon inspection and collection of biometrics at the
POE, as described in the section of this Notice that details the
processing steps for this FRP process. CBP will consider a
beneficiary's previous immigration history, encounters with USG
entities, and the results of screening and vetting when determining
eligibility to be issued advance authorization to travel to the United
States, as well as when determining, on a case-by-case basis, whether
to grant parole to the beneficiary at the POE. When making these
discretionary advance authorizations to travel and parole
determinations, DHS will consider a beneficiary to be ineligible for
this process if the beneficiary:
<bullet> has crossed irregularly into the United States, between
the POEs, after July 10, 2023, except DHS will not consider a
beneficiary to be ineligible based on a single instance of voluntary
departure pursuant to section 240B of the INA, 8 U.S.C. 1229c, or
withdrawal of their application for admission pursuant to section
235(a)(4) of the INA, 8 U.S.C. 1225(a)(4);
<bullet> has been interdicted at sea \67\ after July 10, 2023; or
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\67\ For purposes of this notice, ``interdicted at sea'' refers
to migrants directly interdicted by the U.S. Coast Guard from
vessels subject to U.S. jurisdiction or vessels without nationality,
or migrants transferred to the U.S. Coast Guard.
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<bullet> 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.\68\
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\68\ See, e.g., INA sec. 212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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DHS also will consider other factors in making discretionary
determinations consistent with long-standing policy and practice.
Each beneficiary must demonstrate that a grant of parole is
warranted based on a significant public benefit or urgent humanitarian
reasons, and that the beneficiary merits a favorable exercise of
discretion in order for CBP to grant parole upon arrival at the POE.
Each beneficiary must also comply with all additional requirements,
including vaccination requirements and other public health guidelines.
Participation in this process is not limited to those beneficiaries
currently living in El Salvador. However, as noted above, beneficiaries
must be outside the United States to participate in the process. In
order to use the advance authorization to travel to the United States,
the beneficiary must have sufficient documentation (e.g., international
passport) to travel on a commercial airline. Beneficiaries under the
age of 18 to whom CBP issues advance authorization to travel under this
process may be subject to additional screening and/or travel parameters
in coordination with U.S. authorities to ensure appropriate travel
arrangements and coordination with their parent(s) or legal
guardian(s). This FRP process does not affect CBP's legal obligations
regarding the identification and processing of unaccompanied
children.\69\
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\69\ See 6 U.S.C. 279(g)(2) (defining ``unaccompanied alien
child'').
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A potential beneficiary of this process who enters the United
States between POEs after July 10, 2023 rather than being considered
for parole under this process will be ineligible for this process,
except as indicated above, and will be processed under Title 8 of the
U.S. Code and face appropriate consequences for that choice. For
example, they may be subject to potential criminal prosecution,\70\
expedited removal proceedings,\71\ or removal proceedings under section
240 of the INA, 8 U.S.C. 1229a. In addition, potential beneficiaries
who enter the United States between POEs rather than be considered for
parole under this process may be or may become ineligible for
adjustment of status \72\ or for an immigrant visa \73\ as a result of
entering without inspection and not having been admitted or
paroled.\74\
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\70\ 8 U.S.C. 1325, 1326 (for illegal entry and reentry,
respectively).
\71\ INA sec. 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i).
\72\ INA sec. 245(a), 8 U.S.C. 1255(a) (requiring adjustment of
status applicants to be inspected and admitted or inspected and
paroled, as well as be admissible); INA sec. 245(c), 8 U.S.C.
1255(c)(2) (adjustment of status applicants are ineligible if they
are in unlawful immigration status on the date of filing the
application for adjustment of status or fail to maintain
continuously a lawful status since entry into the United States);
INA sec. 212(a), 8 U.S.C. 1182(a) (grounds of inadmissibility that,
absent the granting of an available waiver, render applicants for
adjustment of status ineligible).
\73\ INA sec. 221(g), 8 U.S.C. 1201(g) (immigrant visa
applicants are ineligible for immigrant visas if inadmissible under
INA sec. 212(a), 8 U.S.C. 1182(a)); INA sec. 212(a), 8 U.S.C.
1182(a) grounds of inadmissibility that render applicants for
immigrant visas ineligible).
\74\ For example, an applicant for adjustment of status who
previously accrued more than one year of unlawful presence,
departed, and thereafter reentered the United States without
admission or parole is inadmissible and ineligible for adjustment
unless they apply for and obtain consent to reapply for admission
from outside the United States after waiting ten years after their
last departure from the United States. See INA sec.
212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I). In addition, an
applicant for an immigrant visa who accrued more than 180 days of
unlawful presence in the United States, departed (or is removed, as
applicable), and again seeks admission (by filing an immigrant visa
application) within 3 or 10 years of departure (or removal) is
inadmissible and ineligible for an immigrant visa unless they apply
for and obtain a waiver of inadmissibility. See INA sec.
212(a)(9)(B), 8 U.S.C. 1182(a)(9)(B). Additionally, an applicant for
an immigrant visa who was ordered removed, departed, and again seeks
admission within certain periods of time thereafter is inadmissible
and therefore ineligible for an immigrant visa unless they apply for
and obtain consent to reapply for admission. See INA sec.
212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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[[Page 43618]]
C. Processing Steps
This FRP process will be implemented in light of lessons learned
through the CFRP and HFRP processes and will build on technological
advancements and efficiencies developed since the inception of CFRP and
HFRP.All steps of the process, except for the ultimate parole
determination made in-person, on a case-by-case basis, by CBP at the
POE, will generally be completed online, including individualized,
case-by-case identity and eligibility determinations and robust
security vetting.
Step 1: Invitation Sent to Petitioner
An invitation may be sent to a petitioner who has filed an approved
Form I-130 on behalf of the potential principal and derivative
beneficiaries. The decision whether to send the invitation is based on
multiple discretionary factors. Such factors may include operational
capacity considerations, the expected period of time until the
beneficiary's immigrant visa becomes available, as well as other
measures calibrated to best achieve the policy aims of this process as
described in this Notice. Only after receiving an invitation may the
petitioner file a request and initiate consideration under this FRP
process. The invitation will instruct the petitioner on next steps to
initiate this process on behalf of the beneficiaries, including
instructions on documentation to include in their Form I-134A. Each
invitation will include an identifying number that the petitioner must
include in the Form I-134A for each beneficiary on whose behalf they
wish to request to be a supporter and to initiate consideration for
advance authorization to travel to the United States to seek parole at
an interior POE.
Step 2: Petitioner Files Form I-134A Online
After receiving an invitation, the U.S.C. or LPR petitioner who
filed the approved Form I-130 on behalf of the beneficiaries will
submit a Form I-134A for each beneficiary with USCIS through the online
myUSCIS web portal to initiate this process. The Form I-134A identifies
and collects information on both the petitioner and the beneficiary.
The petitioner must submit a separate Form I-134A for each beneficiary,
including derivatives of the principal beneficiary. The petitioner must
submit evidence establishing their income and assets and commit to
provide financial support to the beneficiary for the duration of
parole. The petitioner must also submit evidence establishing the
family relationships between the principal beneficiary and all
derivative beneficiaries. USCIS will perform background checks on the
petitioner and verify their financial information to ensure that the
petitioner is able to financially support the beneficiary. If the
petitioner's Form I-134A is confirmed, the request proceeds to the next
step.
Step 3: Beneficiary Electronically Provides Information To Support the
Request
If a petitioner's Form I-134A is confirmed by USCIS, the
beneficiary named in the Form I-134A will receive an email from USCIS
with instructions to create an online account with myUSCIS and next
steps for completing the request. The beneficiary will be required to
confirm their biographic information in their online account and attest
to meeting eligibility requirements.
As part of confirming eligibility in their myUSCIS account, a
beneficiary who seeks advance authorization to travel to the United
States will need to confirm that they meet public health requirements,
including certain vaccination requirements.
Step 4: Beneficiary Submits Request in CBP One Mobile Application
After confirming biographic information in myUSCIS and completing
required eligibility attestations, the beneficiary will receive
instructions through myUSCIS for accessing the CBP One mobile
application. The beneficiary must enter certain biographic and
biometric information--including a ``live'' facial photograph--into CBP
One.
Step 5: Approval To Travel to the United States
A beneficiary who establishes eligibility for this process, passes
all the requisite vetting, and demonstrates that they otherwise warrant
a favorable exercise of discretion, may receive an electronic advance
authorization to travel from CBP, facilitating their ability to travel
to the United States to seek a discretionary grant of parole, on a
case-by-case basis, at an interior POE. The beneficiary will receive a
notice in their myUSCIS account confirming whether CBP has, in CBP's
discretion, provided the beneficiary with advance authorization to
travel to the United States. If approved, the beneficiary is
responsible for securing their own travel via commercial air to an
interior POE.\75\ Approval of advance authorization to travel does not
guarantee a beneficiary will be paroled into the United States upon
inspection at the POE. Whether to parole the beneficiary is a
discretionary, case-by-case determination made by CBP at the time the
beneficiary arrives at the interior POE.
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\75\ 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.
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Step 6: Beneficiary Seeks Parole at the Poe
CBP will inspect each beneficiary arriving at an interior POE under
this process and consider each individual, on a case-by-case basis, for
a grant of discretionary parole for a period of up to three years.
Upon arrival at the interior POE, the beneficiary will be required
to submit additional biometrics to DHS, including another photograph
and fingerprints. This biometric information will support additional
vetting against available databases to inform an independent
determination by CBP officers as to whether parole is warranted on a
case-by-case basis and whether the beneficiary merits a favorable
exercise of discretion. A beneficiary who is determined to pose a
national security or public safety threat will generally be denied
parole. A beneficiary who otherwise does not warrant parole pursuant to
section 212(d)(5)(A) of the INA, 8 U.S.C. 1182(d)(5)(A), and as a
matter of discretion upon inspection, will be processed under an
appropriate disposition and may be referred to U.S. Immigration and
Customs Enforcement (ICE) for detention.
Step 7: Parole
If granted parole at the POE, on a case-by-case basis, parole will
generally be granted for a period of up to three years, subject to
satisfying applicable health and vetting requirements, and the parolee
will be eligible to apply for employment authorization for the duration
of the parole period.\76\
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\76\ 8 CFR 274a.12(c)(11).
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All of the steps in this process, including the decision to confirm
or non-confirm the Form I-134A, as well as the decision whether to
issue advance authorization to travel and the parole decision at the
interior POE, are entirely discretionary and not subject to appeal on
any grounds. Parole may be terminated upon notice at DHS discretion,
and the noncitizen may be placed into removal proceedings and/or
[[Page 43619]]
detained if, for example, the parolee fails to maintain the conditions
for the parole or other derogatory information emerges during the
parole period.
D. Termination and No Private Rights
The Secretary retains the sole discretion to terminate this FRP
process at any point. 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.
VI. Other Considerations in the Establishment of This FRP Process
DHS has considered the potential impact of this FRP process on
individuals applying for benefits under other immigration programs or
processes, given that USCIS and CBP may reassign employees and
reallocate resources to administer this process. This reassignment or
reallocation could potentially impact processing times for USCIS- or
CBP-administered immigration programs and processes. Although personnel
and resources may be diverted from other similar processes and
programs, participation in this process is by invitation only. DHS can
adjust the number of invitations issued to alleviate pressure on other
programs and processes as resource limitations require. As detailed
above, each beneficiary of this process who is diverted away from
irregular migration will also reduce the strain on border reception and
processing capacity. Therefore, these costs are not significant enough
to outweigh the benefits of the process.
DHS also considered the alternative approach of not establishing
this process. As stated throughout this Notice, this process will
provide many benefits and has few drawbacks. DHS has made an effort to
identify and consider any reliance interests of the parties affected by
establishment of this process. Ultimately, DHS has determined that the
significant public benefit of the case-by-case parole of individuals
under this FRP process to the United States, and other affected
parties, including the reduction in irregular migration expected to be
accomplished in connection with this process, outweigh the costs that
may be incurred, while noting that this FRP process will not increase
the total number of individuals eligible to enter the United States, as
the potential beneficiaries already have a pathway to lawful permanent
residence. For example, DHS has determined that the significant public
benefits of the case-by-case parole of individuals under this process
outweighs any costs incurred for schools and social services (such as
health care) in the period between their parole into the United States
and the time when a beneficiary's immigrant visa already would have
become available (at which point they soon thereafter would, in
general, have been admitted as immigrants).\77\
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\77\ See, e.g., National Academies of Sciences, Engineering, and
Medicine, ``The Economic and Fiscal Consequences of Immigration''
(2017), <a href="https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration">https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration</a>.
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Alternatively, as discussed below, a decision to not establish this
process would adversely affect the United States' ability to negotiate
for and request additional enforcement measures and increased
cooperation with removals and ensure foreign partners' continued
collaboration. In addition, certain nationals of El Salvador still
waiting for their immigrant visas to become available would remain
separated from their family members and could resort to irregular
migration without this process. For any such Salvadoran nationals, the
USG would need to commit resources to respond to their arrival,
processing, and removal pursuant to the INA. Those who manage to cross
the border without being encountered by CBP would join the population
of individuals living in the United States without authorization,
unable to legally seek employment. The states in which they settle
would be less likely to benefit from additional tax revenues and other
positive economic contributions these individuals would have provided
if they had a lawful pathway like this FRP process through which they
may apply for employment authorization while they wait to apply to
adjust to LPR status.
VII. Regulatory Requirements
A. Administrative Procedure Act (APA)
This process is exempt from notice-and-comment rulemaking and
delayed effective date requirements on multiple grounds and is
therefore amenable to immediate issuance and implementation.
First, DHS is merely adopting a general statement of policy,\78\
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.'' \79\ 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 ``in his discretion.'' This policy creates a process for
making discretionary, case-by-case parole decisions.
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\78\ 5 U.S.C. 553(b)(A).
\79\ See 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 this process were considered to be a legislative
rule that would normally be subject to requirements for notice-and-
comment rulemaking and a delayed effective date, the process would be
exempt from such requirements because it involves a foreign affairs
function of the United States.\80\ Courts have held that this exemption
applies when the rule in question ``is clearly and directly involved in
a foreign affairs function.'' \81\ In addition, although the text of
the Administrative Procedure Act does not require an agency invoking
this exemption to show that such procedures may result in ``definitely
undesirable international consequences,'' some courts have required
such a showing.\82\ This process satisfies both standards.
Specifically, as discussed in the section above entitled, Furthering
Important Foreign Policy Objectives, this FRP process is one part of
the United States' ongoing efforts to engage hemispheric partners to
increase their efforts to collaboratively manage irregular migration.
As discussed in that section, and as further explained below, the
expansion of lawful pathways for noncitizens to enter the United States
is necessary to ensure partners' continued collaboration on migration
issues, including the ability of the United States to meet other
immigration-management priorities such as the timely establishment of
SMOs.\83\
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\80\ 5 U.S.C. 553(a)(1).
\81\ See, e.g., Mast Indus. v. Regan, 596 F. Supp. 1567, 1582
(C.I.T. 1984) (cleaned up).
\82\ See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 (2d Cir.
2008).
\83\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration, Apr. 27, 2023, <a href="https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration">https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration</a>.
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Delaying issuance and implementation of this process to undertake
notice-and-comment rulemaking and a delayed effective date would
complicate broader ongoing and future discussions and negotiations with
key foreign partners about migration management, including the new
measures the United States announced on April 27, 2023, in anticipation
of the May 11 lifting of the Title 42 public health Order.\84\ These
measures are
[[Page 43620]]
being implemented in close coordination with partner countries. Ongoing
negotiations with partner countries involve the implementation of a
range of new measures, including establishing SMOs in key locations in
the Western Hemisphere to manage and reduce irregular migration and
improve qualified individuals' access to accelerated refugee
processing, family reunification, and labor pathways in the United
States. As a key part of these negotiations, the United States and its
partners are providing meaningful alternatives to irregular migration,
including through lawful pathways to the United States, Canada, and
Spain, as well as integration in host countries closer to home. The
success of SMOs and other new measures to reduce irregular migration to
the SWB is therefore connected to the United States expanding access to
lawful pathways, including family reunification parole processes that
will benefit nationals in countries identified to host SMOs. The USG
also continues to engage with and ask additional governments to
consider connecting their lawful pathways to SMO efforts and is
building goodwill and momentum to seek SMOs in still more countries in
the region.
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\84\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration, Apr. 27, 2023, <a href="https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration">https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration</a>.
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On May 2, 2023, the United States and Mexico jointly announced a
number of measures to address the humanitarian situation caused by
unprecedented migration flows in the hemisphere by creating incentives
for migrants to use lawful pathways, while announcing that consequences
for unlawful entry would continue once the Title 42 public health Order
was lifted. The announcements emphasized the importance of
strengthening and expanding access to lawful pathways, including in
Central America, which will continue to remain a central topic of
bilateral relations.\85\ Specifically, the United States stated its
intention to welcome as many as 100,000 individuals from El Salvador,
Guatemala, and Honduras under the family reunification parole
processes, while the Government of Mexico recognized the value in SMOs
and is considering how it can contribute to their success. Mexico
concurrently committed to continue to accept the return of certain CHNV
nationals on humanitarian grounds beyond the lifting of the Title 42
public health Order on May 11, 2023.
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\85\ See Mexico and United States Strengthen Joint Humanitarian
Plan on Migration, May 2, 2023, <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/</a>.
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Additionally, after a series of negotiations, on June 1, 2023, the
United States and Guatemala issued a joint statement to commit to take
a series of critical steps to humanely reduce irregular migration and
expand lawful pathways under the LA. Declaration.\86\ As the first step
of a comprehensive program to manage irregular migration, both
countries intend to implement a six-month pilot phase of SMOs, which
facilitate access to lawful pathways to the United States and other
countries, family reunification, and access to temporary work
visas.\87\ These offices began accepting appointments on the website
movilidadsegura.org on June 12, 2023.\88\ In the same announcement, the
United States and Guatemala stated that they will also deepen
cooperation on border security and will continue to address the root
causes of irregular migration.\89\
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\86\ See The White House, Joint Statement from the United States
and Guatemala on Migration (June 1, 2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/</a>.
\87\ Id.
\88\ Id.
\89\ Id.
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In addition, on June 4, 2023, the United States and Colombia
announced the impending establishment of SMOs that would identify,
register, and categorize the reasons for irregular migration and
channel those who qualify through lawful pathways from Colombia to the
United States.\90\ The goal is to prevent irregular migration to the
United States or other places in the Hemisphere. The U.S. government
also reaffirmed its commitment to simultaneously expand additional
lawful pathways for Colombians with temporary work visas and expanded
family reunification.\91\ As stated in the announcement, the USG is
working with the government of Colombia to promptly implement
processing through SMOs to ensure the success of this initiative.\92\
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\90\ See United States Department of State, U.S.-Colombia Joint
Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 4, 2023), <a href="https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>. See The White House, Readout of Principal Deputy
National Security Advisor Jon Finer's Meeting with Colombian Foreign
Minister Alvaro Leyva (June 11, 2023), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/">https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/</a>.
\91\ Id.
\92\ Id.
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Furthermore, on June 12, 2023, the USG and the Government of Costa
Rica, in furtherance of bilateral partnership and addressing
hemispheric challenge of irregular migration, announced an exploratory
six-month implementation of SMOs.\93\ SMOs in Costa Rica will
facilitate access to lawful pathways to the United States and other
countries, including expedited refugee processing and other
humanitarian and labor pathways.\94\ In addition to starting the SMOs
initiative, the USG and the Government of Costa Rica reaffirmed their
commitment to work with all countries across the region to promote
integration of refugees and migrants, expand lawful pathways, and
promote humane border management.\95\
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\93\ See United States Department of State, U.S.-Costa Rica
Joint Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 12, 2023), <a href="https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/">https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/</a>.
\94\ Id.
\95\ Id.
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Overall, delaying issuance and implementation of this process to
undertake rulemaking would complicate these and future U.S. efforts to
manage migration together with foreign partners. Because this FRP is an
example of the United States' shared commitment to managing migration
consistent with the L.A. Declaration and has been a key point in
ongoing negotiations and partnerships, such a delay would risk
undermining these partner countries' continued efforts, which are
critical to the U.S. foreign policy approach to migration management.
Furthermore, the delay associated with implementing this process
through notice-and-comment rulemaking would adversely affect the United
States' ability to negotiate for and request additional enforcement
measures and increased cooperation with removals, which is timely and
urgent given the conclusion of Title 42 enforcement on May 11. Regional
partner countries have repeatedly requested additional lawful pathways
in diplomatic engagements in return for increased law enforcement
measures throughout the migratory routes, imposing additional
requirements on key nationalities using their countries as a gateway to
make irregular journeys to the SWB, and accepting additional removal
flights with significantly reduced manifest times. Coordinated USG
efforts with partner countries in the Western Hemisphere, following the
lifting of the CDC's Title 42 public health Order on May 11, 2023, and
transition to processing under Title 8 of U.S. Code have led to a
reduction of irregular migration flows throughout the region and at the
SWB. However, the USG's assessment is that this might be a temporary
shift if the United States and partner countries do not sustain their
[[Page 43621]]
efforts to expand access to lawful pathways and enforcement measures
along the migratory routes as our regional partner countries and
international organization partners report skyrocketing inquiries from
migrants about availability of, and requirements for lawful pathways
and enforcement penalties for unlawful entry into the United States. A
key means of delivering on these partnerships, in keeping with the U.S.
strategy and approach on migration management overall, is to make
available lawful pathways to provide safe and orderly alternatives to
the danger and consequences of irregular migration.
The invocation of the foreign affairs exemption is also consistent
with DHS precedent. For example, in 2017, 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.\96\ DHS similarly
invoked the foreign affairs exemption more recently, in connection with
the CHNV parole processes.\97\
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\96\ See DHS, Eliminating Exception To Expedited Removal
Authority for Cuban Nationals Encountered in the United States or
Arriving by Sea, 82 FR 4902 (Jan. 17, 2017).
\97\ See DHS, Implementation of a Parole Process for Cubans, 88
FR 1266 (Jan. 9, 2023); DHS, Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); DHS, Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); DHS,
Implementation of Changes to the Parole Process for Venezuelans, 88
FR 1282 (Jan. 9, 2023); DHS, Implementation of a Parole Process for
Venezuelans, 87 FR 63507 (Oct. 19, 2022).
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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 requires changes to
the collections of information on Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support (OMB control number
1615-0157), which will be used for the FRP process for Salvadorans and
is being revised in connection with this notice by increasing the
burden estimate. This process also requires changes to the collection
of information for Advance Travel Authorization (ATA) (OMB Control
Number 1651-0143). USCIS and CBP have submitted and OMB has approved
requests for emergency authorization of the required changes (under 5
CFR 1320.13) to Form I-134A and ATA for a period of 6 months. Within 45
days, USCIS and CBP will issue respective 60-day Federal Register
notices seeking comment on these changes.\98\
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\98\ Per the normal clearance procedures at 5 CFR 1320.10(e).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-14475 Filed 7-7-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P
</pre></body>
</html>Indexed from Federal Register on July 10, 2023.
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.