[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46029-46031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18841]
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DEPARTMENT OF HOMELAND SECURITY
Rescission of Discretionary Parole Policies Relating to Nationals
of the Russian Federation Seeking Entry Into Guam and/or the
Commonwealth of the Northern Mariana Islands for a Temporary Visit for
Business or Pleasure
AGENCY: Department of Homeland Security.
ACTION: Notice.
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SUMMARY: Under discretionary parole policies, Department of Homeland
Security (DHS) has granted parole on a case-by-case basis to nationals
of the Russian Federation (Russia) to enter Guam and the Commonwealth
of the Northern Mariana Islands (CNMI) for temporary visits for
business or pleasure for up to 45 days provided the traveler meets
certain conditions. DHS is publishing this notice to announce to the
public that it plans to end this discretionary parole policy. This
discretionary change in policy does not preclude affected individuals
from applying for parole, which DHS will grant on a case-by-case basis
only where the applicant demonstrates an urgent humanitarian or a
significant public benefit reason for parole and the applicant merits a
favorable exercise of discretion.
DATES: DHS will be ending these uses of its discretionary parole
authority as of October 3, 2019.
FOR FURTHER INFORMATION CONTACT: Michael T. Dougherty, Office of
Strategy, Policy, and Plans, Department of Homeland Security, 2707
Martin Luther King Jr. Ave. SE, Washington, DC 20528-0445.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2009, former Secretary of Homeland Security Janet
Napolitano announced that, effective November 28, 2009, DHS would
favorably consider, on a case-by-case basis, requests for discretionary
parole into the CNMI from eligible nationals of Russia who are
temporary visitors for business or pleasure. Effective January 15,
2012, this policy was extended to Russian visitors to Guam.
[[Page 46030]]
Secretary Napolitano justified this exercise of parole based on her
discretionary parole authority and the authority to administer the
Nation's immigration laws. See Immigration and Nationality Act, as
amended (INA) secs. 103(a), 212(d)(5); 8 U.S.C. 1103(a), 1182(d)(5).
Although parole is an authorized entry into the United States, it does
not constitute an admission to the United States. INA secs.
101(a)(13)(B), 212(d)(5)(A); 8 U.S.C. 1101(a)(13)(B), 1182(d)(5)(A).
Parole may be granted to an alien, regardless of her or his
inadmissibility, as a matter of discretion ``on a case-by-case basis
for urgent humanitarian reasons or significant public benefit.'' INA
sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A).
Under the 2009 and 2012 discretionary parole policies, nationals of
Russia may be allowed to enter Guam and the CNMI and to travel between
Guam and the CNMI, visa-free for a period of stay up to 45 days,
provided the traveler meets certain conditions. Pursuant to these
policies, nationals of Russia seeking entry are required to: (i)
Possess a valid, unexpired machine-readable passport; (ii) not have
previously violated the terms of any prior travel to the United States;
and (iii) present a valid completed CBP Form I-94, Arrival/Departure
Record and Form I-736, Guam-CNMI Visa Waiver Information. Visitors who
are paroled under this authority may not engage in local employment or
labor for hire. Parole authorization is limited to Guam and the CNMI
only and does not permit travel to another location within the United
States.
After careful consideration, and consistent with the President's
directive in Executive Order (E.O.) 13767 of January 25, 2017, Border
Security and Immigration Enforcement Improvements, 82 FR 8793 (Jan. 30,
2017), as well as authorities under the Consolidated Natural Resources
Act of 2008 (CNRA), Public Law 110-229, which, among other things,
established the Guam-CNMI Visa Waiver Program (GCVWP), the Secretary of
Homeland Security has decided to terminate the 2009 and 2012 policies
concerning the exercise of discretionary parole authority for Russian
nationals.
In Executive Order 13767, the President directed the Secretary of
Homeland Security to ``take appropriate action to ensure that parole
authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is
exercised only on a case-by-case basis in accordance with the plain
language of the statute, and in all circumstances only when an
individual demonstrates urgent humanitarian reasons or a significant
public benefit derived from such parole.''
Pursuant to E.O. 13767, the Secretary has reviewed this use of
discretionary parole authority and concluded that the policy should be
terminated, for numerous reasons, effective October 3, 2019. The
previous announcement allowing for parole effectively has invited
nationals of Russia to seek parole to visit Guam and the CNMI rather
than having them obtain visas. The policy broadly announced to this
population that a visitor visa would not be required to travel to Guam
and the CNMI if the alien met the specified requirements. Under this
policy, the parole authority effectively has been used as a substitute
for the visa process.
Moreover, the Guam-CNMI parole policy for Russian nationals was
designed as a temporary measure to support tourism in Guam and the CNMI
while allowing for due consideration of Russia as a potential
participating country under the GCVWP. See INA sec. 212(l)(3), 8 U.S.C.
1182(l)(3). In the nearly 10-year period since the parole policies were
announced, Russia has not been considered eligible for the GCVWP.
And the parole authority has been exercised far too expansively
than originally intended. For Guam, parole accounted for approximately
99 percent of all Russian visitors in 2012 and 85 percent of all
Russian visitors in 2017. Similarly, parole accounted for approximately
90 percent of all Russian visitors to the CNMI in 2010 and 82 percent
of all Russian visitors in 2017.
Since the 2012 expansion of the discretionary parole authority for
Russian nationals seeking entry into Guam, overstays increased from 26
in FY 2012 to 147 in FY 2017, or by 465 percent. While this represents
a relatively small percentage of overall Russian visitors in the CNMI
and Guam, the increase in overstays is in and of itself a security
concern for DHS.
Benefits of Requiring Nonimmigrant Visas
Discontinuing discretionary parole and requiring Russian nationals
to obtain a visa to visit the United States for business or pleasure
enhances U.S. safety and national security because it requires visa
applicants to be screened by the U.S. Department of State. As a result,
these visa applicants generally will undergo advance screening and
recurrent vetting that includes an in-person visa interview. The
perceived negative economic impact of discontinuing discretionary
parole Russian nationals in the CNMI and Guam would be offset by
admission of the availability of traditional B-1 visas for business and
B-2 visas for pleasure. Currently, the vast majority of applications by
Russian nationals for B-1/B-2 visas are approved. If admitted in B-1 or
B-2 status, individuals generally will be afforded an authorized period
of stay of approximately 180 days--four times longer than the current
45-day cap under the more restrictive parole authority.
DHS acknowledges that certain businesses in Guam and the CNMI may
have been formed in reliance on commerce and tourism arising out of
this parole policy and could be negatively impacted by its termination.
Likewise, Russian nationals may have developed business or personal
connections to Guam or the CNMI pursuant to the policy and may be
inconvenienced by its termination. DHS believes, however, that any such
impacts should be largely mitigated by the fact that bona fide visitors
for business or pleasure from Russia generally would be able to obtain
a visa to allow them to visit Guam or the CNMI. To the extent that
travelers from Russia are deterred from travel to Guam and the CNMI due
to the visa requirement, however, DHS believes that the security,
immigration, and border management interests of the United States
outweigh the potential economic or personal interests that may be
adversely affected.
Notice of Rescission of Discretionary Parole Policy Relating to
Nationals of Russia Seeking Entry Into Guam and/or the CNMI for a
Temporary Visit for Business or Pleasure
This notice announces to the public that as of October 3, 2019, DHS
rescinds its policy relating to the exercise of its discretionary
parole authority for nationals of Russia who are seeking entry into
Guam or the CNMI solely for a temporary visit for business or pleasure.
As of October 3, 2019, CBP will no longer give favorable
consideration to parole requests simply because the individual is a
national of Russia seeking to enter CNMI or Guam for tourism or a
business visit. Individuals who have already been paroled into Guam
and/or the CNMI will maintain parole until the expiration of that
parole period unless there are other grounds for parole termination
consistent with DHS regulations at 8 CFR 212.5(e).
As of October 3, 2019, nationals from Russia traveling to Guam and/
or the CNMI for a temporary visit for business or pleasure should
consider seeking a B-1 or B-2 nonimmigrant visa from a
[[Page 46031]]
U.S. Embassy or Consulate, prior to their travel to Guam.
This discretionary change in policy does not preclude affected
individuals from applying for parole by filing USCIS Form I-131,
Application for Travel Document, consistent with the instructions for
that form. In accordance with section 212(d)(5) of the INA (8 U.S.C.
1182(d)(5)), parole will only be issued on a case-by-case basis and
only where the applicant demonstrates an urgent humanitarian or a
significant public benefit reason for parole and that applicant merits
a favorable exercise of discretion. Any alien may request parole to
travel to the United States, but an alien does not have a right to
parole.
Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019-18841 Filed 8-30-19; 8:45 am]
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