Notice2023-17344
Implementation of Changes to the Haitian Family Reunification Parole Process
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2023
Issuing agencies
Homeland Security Department
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) has authorized updates to modernize Haitian Family Reunification Parole (HFRP). HFRP provides a lawful, safe, and orderly pathway for certain Haitians to seek parole into the United States, allowing them to reunite with family as they wait for their immigrant visas to become available so they may apply to adjust status to lawful permanent resident (LPR). The Secretary has authorized these updates to HFRP in light of technological advancements and process efficiencies created since the HFRP's inception in 2014. Every step of the updated process will be completed online with the exception of a medical exam by a panel physician and the parole determination made upon arrival at an interior U.S. port of entry (POE).
Full Text
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<title>Federal Register, Volume 88 Issue 154 (Friday, August 11, 2023)</title>
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[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54635-54639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17344]
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2754-23; DHS Docket No. USCIS-2014-0013]
RIN 1615-ZC03
Implementation of Changes to the Haitian Family Reunification
Parole Process
AGENCY: Department of Homeland Security (DHS).
ACTION: Notice of changes to Haitian Family Reunification Parole.
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) has authorized updates to modernize Haitian Family
Reunification Parole (HFRP). HFRP provides a lawful, safe, and orderly
pathway for certain Haitians to seek parole into the United States,
allowing them to reunite with family as they wait for their immigrant
visas to become available so they may apply to adjust status to lawful
permanent resident (LPR). The Secretary has authorized these updates to
HFRP in light of technological advancements and process efficiencies
created since the HFRP's inception in 2014. Every step of the updated
process will be completed online with the exception of a medical exam
by a panel physician and the parole determination made upon arrival at
an interior U.S. port of entry (POE).
DATES: DHS will begin using the Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support, for this process on
August 11, 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
In 2014, U.S. Citizenship and Immigration Services (USCIS) launched
HFRP to expedite family reunification through lawful, safe, and orderly
channels of migration to the United States, increase existing avenues
for lawful migration from Haiti, and help Haiti in its recovery from
the long-term impacts of the January 12, 2010 earthquake that
devastated the country.\1\ Under HFRP, the U.S. Government (USG)
invites certain eligible United States citizen (U.S.C.) and LPR
petitioners to file a request and initiate consideration for parole for
certain family members in Haiti who are the beneficiaries of an
approved Form I-130, Petition for Alien Relative. Since it was
established in 2014, HFRP has allowed certain beneficiaries of family-
based immigrant petitions that were approved on or before December 18,
2014 to request a discretionary grant of parole to enter the United
States up to approximately two years before their immigrant visas
become available,
[[Page 54636]]
rather than remain in Haiti awaiting availability of their immigrant
visas.\2\
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\1\ Implementation of Haitian Family Reunification Parole
Program, 79 FR 75581 (Dec. 18, 2014). Note that, consistent with
other processes described in this notice, DHS now refers to HFRP as
a process rather than a program.
\2\ Id.; see also USCIS, The Haitian Family Reunification Parole
Program (June 22, 2022), <a href="https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program">https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program</a>. To participate in HFRP, beneficiaries must have a
petitioner who filed a Form I-130, Petition for Alien Relative, on
behalf of a principal beneficiary, and was invited to participate in
the HFRP process after the Form I-130 was approved. The principal
beneficiary of that petitioner's approved Form I-130 must be a
Haitian national.
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If travel is authorized for the beneficiaries, these family members
are allowed to travel to the United States before their immigrant visas
become available and seek parole on a case-by-case basis upon arrival
at a port of entry (POE) in the United States.\3\ If granted parole
into the United States, HFRP parolees may apply for employment
authorization while they wait for their immigrant visas to become
available so they may apply to adjust to LPR status.\4\
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\3\ See Implementation of Haitian Family Reunification Parole
Program, 79 FR 75581 (Dec. 18, 2014). See also USCIS, The Haitian
Family Reunification Parole Program (June 22, 2022), <a href="https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program">https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program</a>.
\4\ 8 CFR 274a.12(c)(11).
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As launched in 2014, USCIS required invited petitioners to file a
completed Form I-131, Application for Travel Document, and submit the
required fee(s) or fee waiver request for consideration of parole for
each beneficiary. USCIS also required that USCIS officers interview
beneficiaries in Port-au-Prince, Haiti, to verify their eligibility for
HFRP. The National Visa Center (NVC) at the U.S. Department of State
(State) first issued invitations to eligible petitioners to apply for
HFRP in March 2015. Due to several factors, including anticipated
policy changes,\5\ a change in Administrations, the permanent closure
of USCIS's field office in Port-au-Prince, Haiti, on December 20, 2019,
extremely limited visa processing due to COVID-19,\6\ and severe
insecurity in the country,\7\ new invitations to the HFRP process have
not issued since June 2016 and interviews have not taken place since
December 2019.
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\5\ In August 2019, USCIS announced an intention to terminate
HFRP, although USCIS never formally terminated the process. See
USCIS to End Certain Categorical Parole Programs (Aug. 2, 2019),
<a href="https://www.uscis.gov/archive/uscis-to-end-certain-categorical-parole-programs">https://www.uscis.gov/archive/uscis-to-end-certain-categorical-parole-programs</a>. In June 2022, USCIS reversed its 2019 announcement.
See also The Haitian Family Reunification Parole (HFRP) Program:
Alert (June 22, 2022), <a href="https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program">https://www.uscis.gov/humanitarian/humanitarian-parole/the-haitian-family-reunification-parole-hfrp-program</a>.
\6\ On March 19, 2020, the U.S. Embassy Port-au-Prince, Haiti,
issued a Health Alert and suspended all non-emergency consular
services. See Health Alert--U.S. Embassy Port-au-Prince, Haiti
(March 19, 2020), <a href="https://ht.usembassy.gov/security-alert-u-s-embassy-port-au-prince-haiti-january-8-2020-4-3-2-2-3-2-2-2-3-3-2-2-2-2-2-2-2-3-2-2-4-3-2-2-2-2-5-2-2-2/">https://ht.usembassy.gov/security-alert-u-s-embassy-port-au-prince-haiti-january-8-2020-4-3-2-2-3-2-2-2-3-3-2-2-2-2-2-2-2-3-2-2-4-3-2-2-2-2-5-2-2-2/</a>.
\7\ The assassination of Haiti's late President Jovenel
Mo[iuml]se exacerbated political and economic instability in Haiti,
undermining state institutions and generating a power vacuum that
has since been occupied by gangs. See Implementation of a Parole
Process for Haitians, 88 FR 1243, 1246-47 (Jan. 9, 2023) (discussing
conditions in Haiti). Due to the lawlessness in the country, the
U.S. Embassy in Haiti temporarily suspended visa processing and
continues to operate at a limited capacity. See Security Alert: U.S.
Embassy Port-au-Prince, Haiti (Feb. 5, 2023), <a href="https://ht.usembassy.gov/security-alert-u-s-embassy-port-au-prince-haiti-80">https://ht.usembassy.gov/security-alert-u-s-embassy-port-au-prince-haiti-80</a>.
To further complicate matters, on August 14, 2021, a 7.2 magnitude
earthquake hit Haiti, killing more than 2,200 people, injuring over
12,000 more, destroying tens of thousands of homes, and crippling
Haiti's already fragile infrastructure. See UNICEF, Massive
earthquake leaves devastation in Haiti: UNICEF and partners are on
the ground providing emergency assistance for children and their
families (Oct. 4, 2021), <a href="https://www.unicef.org/emergencies/massive-earthquake-devastation-haiti">https://www.unicef.org/emergencies/massive-earthquake-devastation-haiti</a>.
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In the meantime, technology has evolved since the launch of HFRP in
2014. DHS is now able to electronically collect biographic information
and evidentiary documents to facilitate identity verification, national
security checks, and public safety vetting. DHS has expanded capacity
to intake forms through online processes and allow individuals to
upload supporting documentation directly online as part of the
application process. The updated process for HFRP utilizes these
technological developments to make the advance travel authorization and
parole process more efficient and accessible while maintaining national
security and public safety vetting measures as well as other measures
for case-by-case adjudication.
In addition, DHS has recently implemented parole processes that are
similar to HFRP but that follow different procedures, which utilize
these recent technological developments. These include the filing of a
Form I-134A, Online Request to be a Supporter and Declaration of
Financial Support, the use of a fully electronic request for advance
travel authorization (as opposed to the petitioner's use of the Form I-
131 under the 2014 HFRP procedures), and processing without a
requirement for an in-person interview abroad. Most recently, on July
10, 2023, DHS implemented family reunification parole (FRP) processes
for certain Colombians,\8\ Guatemalans,\9\ Hondurans,\10\ and
Salvadorans \11\ along these lines. DHS is now conforming the HFRP
process to these recently announced processes.
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\8\ See Implementation of a Family Reunification Parole Process
for Colombians, 88 FR 43591 (July 10, 2023).
\9\ See Implementation of a Family Reunification Parole Process
for Guatemalans, 88 FR 43581 (July 10, 2023).
\10\ See Implementation of a Family Reunification Parole Process
for Hondurans, 88 FR 43601 (July 10, 2023).
\11\ See Implementation of a Family Reunification Parole Process
for Salvadorans, 88 FR 43611 (July 10, 2023).
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II. Modernized Process
A. Petitioners
Invitations to participate in the HFRP process will continue to
issue to certain petitioners who have an approved Form I-130 filed on
behalf of a Haitian principal beneficiary. Invitations will continue to
issue at the USG's discretion, 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
foreign policy aims of this process.
Petitioners who have an approved \12\ Form I-130 filed on behalf of
a Haitian principal beneficiary outside the United States should ensure
that their mailing address and other contact information are up to date
with State's 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 to be a supporter with USCIS to initiate
this process on behalf of a Haitian principal beneficiary of an
approved Form I-130 and how to file separate requests for any immediate
family members \13\ of the principal beneficiary.
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\12\ 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 of the revocation of the approved Form I-
130.
\13\ Throughout this notice ``immediate family members'' is used
as a shorthand for the derivative beneficiary spouse and children of
a principal beneficiary. See the Immigration and Nationality Act
(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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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
period of parole. Petitioners will also be required to provide evidence
to verify the familial 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 to be a
supporter under this process. As
[[Page 54637]]
part of the review process, the petitioner must also pass security and
background vetting, including for public safety, national security,
human trafficking, and exploitation concerns.
B. Beneficiaries
Previously, the HFRP process limited eligibility to Haitian
principal beneficiaries of Forms I-130 and their immediate family
members that were approved by USCIS on or before December 18, 2014 and
for whom an immigrant visa was not currently available. The volume of
invitations issued was limited based on operational capacity and other
factors, as described above. The revised process is open to all Haitian
principal beneficiaries of an approved Form I-130 and their immediate
family members who have not yet received an immigrant visa regardless
of the date on which USCIS approved the Form I-130. However, as
mentioned above, the process will still be available on an invitation-
only basis.
In addition, individuals whose immigrant visas were not available
but were expected to become available within a specific time range were
previously sent invitations to participate in the HFRP process. USCIS
will no longer apply a time limit for expected immigrant visa
availability. However, USCIS will consider when a beneficiary's
immigrant visa is expected to become available when determining which
petitioners will receive invitations to initiate this process on behalf
of the beneficiary of their approved Form I-130.
To be eligible to be considered under this process, a beneficiary
must not have been issued an immigrant visa at the time the invitation
issues to the petitioner and, if authorized to travel, must now travel
by commercial air with sufficient documentation (e.g., international
passport) to an interior POE.
In addition, as with the 2014 HFRP process, 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. Under this updated process, U.S. Customs and Border
Protection (CBP) will consider a beneficiary's previous immigration
history, encounters with USG entities, and the results of national
security and public safety vetting when determining a beneficiary's
eligibility to be issued advance authorization to travel to the United
States. CBP will determine, on a case-by-case basis, whether to
exercise discretion to grant parole to the beneficiary at an interior
POE upon their arrival. CBP also will consider other factors in making
discretionary determinations consistent with long-standing policy and
practice.
Upon arrival at an interior POE, each beneficiary must demonstrate
to CBP that a grant of parole is warranted based on a significant
public benefit or for urgent humanitarian reasons and that the
beneficiary merits a favorable exercise of discretion. Each beneficiary
must also comply with all additional requirements, including
vaccination requirements and other public health guidelines, prior to
traveling to the United States.
Participation in this process is not limited to beneficiaries
currently living in Haiti. However, as noted above, beneficiaries must
be outside the United States to participate in the process, and the
principal beneficiaries must be Haitian nationals.
A beneficiary of this process who enters the United States between
POEs rather than being considered for parole under this process will be
processed under Title 8 of the U.S. Code and face appropriate
consequences. For example, they may be subject to potential criminal
prosecution,\14\ expedited removal proceedings,\15\ or removal
proceedings under section 240 of the INA, 8 U.S.C. 1229a. In addition,
beneficiaries who enter the United States between POEs rather than
being considered for parole under this process may already be, or may
become, ineligible for adjustment of status \16\ or for an immigrant
visa \17\ as a result of entering without inspection and not having
been admitted or paroled.\18\
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\14\ 8 U.S.C. 1325, 1326 (for illegal entry and reentry,
respectively).
\15\ INA sec. 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i).
\16\ 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
render applicants for adjustment of status ineligible).
\17\ 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).
\18\ 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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C. Description of Updated Process for HFRP
DHS announces these updates to the HFRP process in light of lessons
learned, technological advancements made, and efficiencies created in
parole processes developed and implemented since HFRP's inception in
2014. Except for the medical exam by a panel physician and the ultimate
parole determination made in person, on a case-by-case basis, by CBP at
an interior POE, all steps of the updated HFRP process will generally
be completed online. As a result, the process will no longer require an
in-country interview for each beneficiary.
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 principal beneficiary and any derivative
beneficiaries listed on the Form I-130. 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 Form
I-134A request to initiate consideration under this HFRP process.
Participation in the process will continue to be voluntary. 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 filing. 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.
Step 2: Petitioner Files Form I-134A Online
After receiving an invitation to initiate this process, the U.S.
citizen
[[Page 54638]]
(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 USCIS online web portal. The petitioner must
submit a separate Form I-134A for each beneficiary, including
derivatives of the principal beneficiary. The petitioner will not be
required to pay a fee to file Form I-134A. The Form I-134A identifies
and collects information on both the petitioner and the 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 a USCIS online account 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 USCIS online 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 their USCIS online
account and completing required eligibility attestations, the
beneficiary will receive instructions through their USCIS online
account 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 from CBP to travel to the United States. This will
facilitate 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 USCIS online account
confirming whether CBP has, in its 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 inside a U.S. airport.\19\
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\19\ 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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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.
Step 6: Beneficiary Seeks Parole at the POE
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.\20\
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\20\ See 6 U.S.C. 279(g)(2) (defining ``unaccompanied alien
child'').
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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 an 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 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), 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.\21\
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\21\ 8 CFR 274a.12(c)(11).
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Parole may be terminated upon notice at DHS's discretion, and the
noncitizen may be placed into removal proceedings and/or detained if,
for example, the parolee fails to maintain the conditions for the
parole or other derogatory information emerges during the parole
period. A noncitizen 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. 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 make the parole decision at the interior POE, are
entirely discretionary and not subject to appeal on any grounds.
D. Termination, No Private Rights, and Severability
The Secretary retains the sole discretion to terminate this HFRP
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. The 2014 decision to implement this process
remains unchanged and is severable from the
[[Page 54639]]
procedural updates announced in this notice.
III. Regulatory Requirements
A. Administrative Procedure Act
The changes to the HFRP process announced in this notice are exempt
from notice-and-comment rulemaking and delayed effective date
requirements on multiple grounds and are therefore amenable to
immediate issuance and implementation.
First, the HFRP process, and these updates to that process,
constitute a general statement of policy,\22\ 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.'' \23\ 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. The updates to the process do not change the nature of the
policy and fall under the exception for general statements of policy.
Additionally, this falls under the separate exception for rules of
agency organization, procedure, or practice \24\ because it sets forth
updates to how agencies will implement the HFRP process.
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\22\ 5 U.S.C. 553(b)(A).
\23\ See Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting
Chrysler Corp. v. Brown, 441 U.S. 281, 302 n.31 (1979)).
\24\ 5 U.S.C. 553(b)(A).
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Second, even if the updates to this process were considered to be a
legislative rule that will normally be subject to requirements for
notice-and-comment rulemaking and a delayed effective date, the updates
are exempt from such requirements because they involve a foreign
affairs function of the United States.\25\ As discussed in the July 10,
2023 notices announcing four new family reunification processes,\26\
the United States continues to engage hemispheric partners to increase
their efforts to collaboratively manage irregular migration.\27\
Improving the efficiency and accessibility of HFRP is necessary to
ensure our foreign partners' continued collaboration on migration
issues, including the ability of the United States to meet other
immigration-management priorities such as the implementation of the
initial phases of Safe Mobility Offices (SMOs) in Guatemala, Costa
Rica, and Colombia.\28\ Also, as with the four new processes, delays in
implementing these procedural changes would complicate broader ongoing
and future discussions and negotiations with key foreign partners about
migration management. As such, foreign partners have requested that the
United States ensure that functional, efficient lawful pathways exist
for Haitian nationals.
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\25\ 5 U.S.C. 553(a)(1).
\26\ See footnotes 8, 9, 10, and 11; see also DHS press release
``DHS Announces Family Reunification Parole Processes for Colombia,
El Salvador, Guatemala, and Honduras'' (July 7, 2023), <a href="https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala">https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala</a>.
\27\ 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>
and <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 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>.
\28\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration (April 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.
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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 updates to the HFRP process announced by this notice
require changes to the collection of information on Form I-134A, Online
Request to be a Supporter and Declaration of Financial Support (OMB
control number 1615-0157), and the collection of information on Form I-
131, Application for Travel Document (OMB control number 1615-0013),
which will be used for this HFRP process and are being revised in
connection with this notice by adjusting the burden estimate. The
updates to this process also require 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, Form I-131, and ATA for a period of six
(6) months. USCIS and CBP will issue respective 60-day Federal Register
notices seeking comment on these changes on or before August 25,
2023.\29\
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\29\ Per the normal clearance procedures at 5 CFR 1320.10(e).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-17344 Filed 8-10-23; 8:45 am]
BILLING CODE 9111-97-P ; 9111-14-P
</pre></body>
</html>Indexed from Federal Register on August 11, 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.