[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Pages 84362-84365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28475]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0013]


Agency Information Collection Activities; Revision, of a 
Currently Approved Collection: Application for Travel Document. Removal 
of Instructions Regarding the Haitian Family Reunification Program and 
Filipino World War II Veteran Parole Program

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: 60-day notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship 
and Immigration
    Services (USCIS) invites the general public and other Federal 
agencies to comment on this proposed revision of a currently approved 
collection of information. The revision is necessary to announce and 
implement a change in USCIS policy to terminate the Haitian Family 
Reunification Parole (HFRP) program and the Filipino World War II 
Veterans Parole (FWVP) program, to rescind the applicable policy 
statements, and to revise the Instructions for USCIS Form I-131, 
Application for Travel Document, to remove references to and provisions 
regarding those programs. In accordance with the Paperwork Reduction 
Act (PRA) of 1995, the information collection notice is published in 
the Federal Register to obtain comments regarding these policy changes, 
the nature of the information collection, the categories of 
respondents, the estimated burden (i.e. the time, effort, and resources 
used by the respondents to respond), the estimated cost to the 
respondent, and the actual information collection instruments.

DATES: Comments will be accepted for 60 days until February 26, 2021.
    Effective date of changes: These changes will be effective as of 
the date the form is approved by OMB. Cases that have already been 
filed as of the effective date of the new form and policies will be 
processed to a decision.

ADDRESSES: All submissions received must include the OMB Control Number 
1615-0013 in the body of the letter, the agency name and Docket ID 
USCIS-2007-0045. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number USCIS-
2007-0045. USCIS is limiting communications for this Notice as a result 
of USCIS' COVID-19 response actions.

FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, 
Regulatory Coordination Division, Samantha Deshommes, Chief, telephone 
number (240) 721-3000 (This is not a toll-free number. Comments are not 
accepted via telephone message). Please note contact information 
provided here is solely for questions regarding this notice. It is not 
for individual case status inquiries. Applicants seeking information 
about the status of their individual cases can check Case Status 
Online, available at the USCIS website at https://www.uscis.gov, or 
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

SUPPLEMENTARY INFORMATION:

I. Background:

    Section 11 of Executive Order 13767 of January 25, 2017, ``Border 
Security and Immigration Enforcement Improvements, (Section 11) 
provides that ``[i]t is the policy of the executive branch to end the 
abuse of parole and asylum provisions currently used to prevent the 
lawful removal of removable aliens.'' Section 11(d) instructs DHS to 
``take appropriate action to ensure that parole authority under section 
212(d)(5) of the [Immigration and Nationality Act (``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 alien demonstrates an urgent humanitarian need or a significant 
public benefit derived from such parole.''
    On February 20, 2017, then-Secretary of Homeland Security Kelly 
issued a memorandum entitled ``Implementing the President's Border 
Security and Immigration Enforcement Improvements Policies.'' In that 
memorandum, Secretary Kelly stated that ``[t]he statutory language 
authorizes parole in individual cases only where, after careful 
consideration of the circumstances, it is necessary because of 
demonstrated urgent humanitarian reasons or significant public benefit. 
. . .[i]n my judgment, such authority should be exercised sparingly.'' 
Additionally, it stated that ``[t]he practice of granting parole to 
certain aliens in pre-designated categories in order to create 
immigration programs not established by Congress, has contributed to a 
border security crisis, undermined the integrity of the immigration 
laws and the parole

[[Page 84363]]

process, and created an incentive for illegal immigration.'' \1\
---------------------------------------------------------------------------

    \1\ https://www.dhs.gov/sites/default/files/publications/17_0220_S1_Implementing-the-Presidents-Border-Security-Immigration-Enforcement-Improvement-Policies.pdf.
---------------------------------------------------------------------------

    Accordingly, USCIS undertook a review of existing categorical 
parole programs. USCIS is announcing the termination of HFRP and FWVP 
programs and is revising the Instructions for Form I-131 to remove 
references to and provisions regarding those programs. USCIS is also 
revising the form to remove references to the Cuban Family 
Reunification Parole (CFRP) Program.

A. HFRP

    DHS established the HFRP program in 2014 as an exercise of its 
discretionary parole authority to permit certain eligible Haitians in 
Haiti who are the beneficiaries of approved family-based immigrant 
petitions to join their family members in the United States for an 
initial period of three years while they wait for immigrant visas to 
become available. 79 FR 75581 (Dec. 18, 2014). Consistent with INA 
section 212(d)(5), 8 U.S.C. 1182(d)(5), the decision to parole a 
particular alien into the country was a case-by-case, discretionary 
determination.

B. FWVP

    In 2016, USCIS determined that paroling qualified applicants under 
FWVP would generally yield a ``significant public benefit'' 
(recognizing sacrifices of Filipino World War II veterans). 81 FR 28907 
(May 9, 2016). USCIS also determined that grants of parole under the 
FWVP program would often address urgent humanitarian concerns 
(recognizing the advanced age of these veterans and the need for care 
by their alien family members). Id. Consistent with section 212(d)(5), 
8 U.S.C. 1182(d)(5), the decision to parole a particular alien was a 
case-by-case, discretionary determination.

C. Explanation for Change

    For both the HFRP and FWVP programs, DHS broadly exercised its 
statutory parole authority for multiple members of a narrowly defined 
group. Notwithstanding the perceived benefits of these categorical 
parole programs when they were established, this Administration 
undertook a renewed analysis. Consistent with Secretary Kelly's 
February 20, 2017 implementing memorandum, USCIS has determined that, 
as a matter of policy, the HRFP and FWVP programs do not meet DHS's 
obligation to narrowly exercise its parole authority.
    Therefore, DHS is now rescinding the determination that there is a 
presumption that there are significant public benefit or urgent 
humanitarian reasons for parole requests from new applicants who meet 
the specific criteria established under HFRP and FWVP programs. 
Accordingly, new applicants who meet the FWVP and HFRP criteria will no 
longer be presumed to have demonstrated that there are significant 
public benefit or urgent humanitarian reasons present in their case by 
virtue of meeting HFRP and FWVP criteria.
    USCIS will continue to adjudicate requests from current 
beneficiaries of the HFRP and FWVP programs who are already in the 
United States under the existing standards of those programs and who 
request a new period of parole.

II. Administrative Procedure Act (APA)

A. Discretionary Policy Statement

    USCIS established the HFRP and FWVP programs through policy 
statements announced by Federal Register notice (FRN). 81 FR 28907; 79 
FR 75581. USCIS also revised the Instructions for Form I-131 to provide 
instructions and evidence requirements to implement the policies. USCIS 
did not change its regulations.
    The HFRP and FWVP programs were established using DHS' 
discretionary parole authority found in INA section 212(d)(5)(A), 8 
U.S.C. 1182(d)(5)(A), and 8 CFR 212.5(c)-(d). An alien does not have a 
right to parole and there is no obligation for DHS to grant parole. 
Parole is an exercise of the Secretary's discretionary authority to 
permit an alien to temporarily enter the United States for certain 
reasons on a case-by-case basis for urgent humanitarian reasons or for 
a significant public benefit. The APA exempts from its requirements for 
public notice and comment general statements of policy, ``issued by an 
agency to advise the public prospectively of the manner in which the 
agency proposes to exercise a discretionary power.'' Lincoln v. Vigil, 
508 U.S. 182, 197 (1993) (quoting Chrysler Corp. v. Brown, 441 U.S. at 
302, n. 31 (1979) (quoting Attorney General's Manual on the 
Administrative Procedure Act 30, n. 3 (1947))). The termination of the 
HFRP and FWVP programs does not change the statutory standard for 
parole, and parole will remain an avenue for DHS to authorize, in its 
discretion, for certain aliens to travel to the United States. 
Therefore, terminating the HFRP and FWVP programs is exempt from the 
notice and comment requirements of the APA as a general statement of 
policy advising the public prospectively of the manner in which USCIS 
will exercise a discretionary power. Lincoln, 508 U.S. at 197.
    DHS has reviewed this policy change and determined that it would be 
highly unlikely to adversely affect the substantive rights of some of 
the affected parties. DHS understands that it must show that there are 
good reasons for the new policy and acknowledge its conscious change of 
course, and that reasoned explanation is needed for disregarding facts 
and circumstances that underlay or were engendered by the prior policy. 
FCC v. Fox Television Stations, Inc., 556 U.S. 502 (2009) (citing 
Smiley v. Citibank (South Dakota), N. A., 517 U.S. 735, 742 (1996). 
Executive Order 13767 instructs DHS 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 alien demonstrates urgent humanitarian 
reasons or a significant public benefit derived from such parole. DHS 
believes the existing broad presumption that there are significant 
public benefit or urgent humanitarian reasons to consider parole for 
new applicants who meet the specific pre-established criteria under the 
HFRP and FWVP programs is inconsistent with the Executive Order and 
Secretary Kelly's implementing guidance directing that the policy of 
DHS is to exercise its parole authority narrowly.
1. HFRP
    The Federal Register notice establishing HFRP states, ``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. Once 
paroled into the United States, HFRP Program beneficiaries will be 
eligible to apply for employment authorization, and those who are able 
to work may contribute to Haiti's post-earthquake reconstruction and 
development through remittances.'' 79 FR 75581.
    DHS has determined Haiti has made significant progress recovering 
from the 2010 earthquake and subsequent effects. With U.S. and 
international support for recovery, reconstruction, and development 
programs, Haiti has achieved significant improvements in basic health 
indicators, agricultural production, and jobs creation, according to 
the U.S. Department of State. 98 percent of 1.5 million people 
displaced

[[Page 84364]]

following the earthquake have been resettled as of 2020, according to 
the International Organization for Migration. In light of these 
determinations, DHS has determined that the HFRP program no longer 
serves a significant public benefit for new applicants.
2. FWVP
    The Federal Register notice establishing FWVP states, ``Recognizing 
the contributions and sacrifices of Filipino veterans who fought for 
the United States during World War II and their families, USCIS has 
decided to implement the FWVP policy. In many cases, ``paroling these 
family members may also allow them to provide support and care for 
elderly veterans or their surviving spouse. . . For certain Filipino 
American family members, this wait can exceed 20 years'' 81 FR 28097. 
Further, ``In light of the circumstances described above, among other 
considerations, USCIS believes that the parole of qualified applicants 
who establish on a case-by-case basis that they are eligible for 
consideration under this policy and merit a favorable exercise of 
discretion would generally yield a `significant public benefit.' 
Additionally, considering the advanced age of World War II Filipino 
veterans and their spouses, and their increased need for care and 
companionship, grants of parole under the FWVP policy would often 
address urgent humanitarian concerns. In all cases, whether to parole a 
particular alien under this policy is a discretionary determination 
that will be made on a case-by-case basis.'' Id.
    DHS has determined that the FWVP program is inconsistent with the 
policy decision to narrowly exercise DHS' parole authority in making 
determinations of significant public benefit. With regard to urgent 
humanitarian concerns, DHS has no data substantiating that the 
admission of participants in the FWVP program routinely addresses an 
urgent humanitarian concern. An eligible alien may request parole even 
if the veteran and spouse the alien is petitioning to support are both 
deceased. The parole of an alien may not actually be yielding any 
significant public or humanitarian benefit in such instances. For these 
reasons, DHS believes that new FWVP program applications are more 
appropriately adjudicated through an individual application instead of 
a categorical program with a presumption of a significant public 
benefit or urgent humanitarian concern.

B. Reliance Interest

    DHS has taken into account serious reliance interests that may be 
engendered by the 2014 and 2016 HFRP and FWVP policies. With respect to 
initial and pending applicants, DHS has determined that potential 
applicants cannot reasonably be determined to have taken an action in 
detrimental reliance on DHS or USCIS continuing these programs. It is 
not reasonable that potential applications would make major changes in 
their lives or incur significant expenses in anticipation that DHS 
would continue these programs in perpetuity and that they would be able 
to apply and be approved. With respect to current HFRP and FWVP 
parolees, DHS acknowledges the reliance interest of those aliens who 
are not yet lawful permanent residents and will make a new period of 
parole under the criteria of these programs available to them, on a 
case-by-case basis, to ensure continued eligibility. Further discussion 
of these reliance interests follows.
1. Reliance Interest of HFRP Parolees
    For HFRP, DHS has determined that any alien who has not yet applied 
for the HFRP program is unlikely to have incurred costs or been harmed 
based on relying on DHS continuing that policy because the petitioner 
must receive an invitation to apply, and USCIS has not issued any such 
invitations since 2016. Thus, although DHS is changing its past pattern 
and practice, the program has not been open for new applicants for four 
years, and a potential applicant will not be surprised by the change 
and will not have suffered harm as a result of acting in reliance on 
the continuation of the HFRP program. Haitian petitioners with an 
approved Form I-130 or their Haitian beneficiary relatives should not 
complete a Form I-131, incur expenses, and take actions in reliance on 
USCIS being able to process their application when they cannot do so on 
their own accord and without an invitation from USCIS. Nevertheless, 
DHS is formally announcing in this notice that the HFRP program will be 
terminated to provide advance notice to parties who may be affected. To 
the extent that an alien has a pending Form I-131 for HFRP as of the 
date of this notice, USCIS will process and adjudicate that request to 
completion. USCIS welcomes public comments on all of the effects of 
this change in policy.
    With respect to granting a new parole period (``re-parole'') for 
HFRP beneficiaries already paroled into the United States, DHS 
acknowledges that a current beneficiary has significant reliance 
interest in the continuation of the program as they were when they were 
granted parole. A current parolee decided to accept the USCIS 
invitation to apply for parole and expend the time, effort, and expense 
to uproot his or her life and move to the United States as a parolee, 
instead of staying in Haiti and waiting for an immigrant visa to become 
available. When the program was established, USCIS informed HFRP 
beneficiaries that it was their responsibility to seek re-parole in the 
United States until eligible to adjust status and they should apply for 
re-parole at least 90 days before parole expires. USCIS informed 
approved HFRP beneficiaries that, if their immigrant visa is still 
unavailable at the time their parole expires, they must apply to USCIS 
for a new parole authorization and pay the required fee. Therefore, 
HFRP program beneficiaries are expected to apply for lawful permanent 
resident status as soon as their immigrant visa becomes available. The 
majority of HFRP beneficiaries will have an immigrant visa available at 
the time their parole expires. Given these reliance interests, DHS will 
accept requests for re-parole under the existing standards of the HFRP 
program.
2. Reliance Interest of FWVP Parolees
    For FWVP, DHS has determined that an applicant who has not yet 
applied for the FWVP program is unlikely to have incurred costs or been 
harmed based on relying on DHS continuing that policy. To the extent 
that an alien is in the process of completing and filing a request, 
USCIS will provide two public notices of the impending form, policy and 
procedure change. Aliens who are currently in the process of completing 
their paperwork may also apply for the FWVP program until the date that 
it is terminated, which is when the Form I-131 changes go into effect. 
To the extent that applicants who are not yet working on, researching, 
and gathering necessary evidence for an application may no longer 
receive parole after this change, DHS believes the FWVP program is 
inconsistent with its narrower interpretation of the parole authority 
and the public policy goals supported by a narrow use of its parole 
authority (as described in Secretary Kelly's memorandum) justify and 
outweigh any minor reliance interests of those aliens who may have 
contemplated filing an application for FWVP but have not yet done so at 
the time the program is formally terminated. If an alien has an I -131 
application for FWVP pending as of December 28, 2020, USCIS will 
process and adjudicate that request to completion. USCIS welcomes 
public

[[Page 84365]]

comments on all of the effects of this change in policy.
    As for granting re-parole to FWVP beneficiaries already paroled 
initially into the United States, DHS acknowledges that a current 
beneficiary as well as U.S. citizen petitioners may have a significant 
reliance interest in the continuation of the program as it was when the 
alien was granted parole. A current parolee decided to avail himself or 
herself to the USCIS opportunity to apply for parole and expend the 
time, effort, and expense to uproot his or her life and move to the 
United States as a parolee, instead of staying in the Philippines and 
waiting for an immigrant visa to become available. The beneficiary (the 
Filipino war veteran or his or her spouse) may also have a reliance 
interest. The veteran or spouse may have paid the fees and expended 
other resources in contemplation of relatives coming to the United 
States to care for them, or may have forgone other living situations 
that were available to them if they did not have the care of the 
relative who had been able to join them in the US. When the program was 
established, USCIS informed FWVP parolees that it was their 
responsibility to seek re-parole in the United States until eligible to 
adjust status and they should apply for re-parole at least 90 days 
before parole expires. USCIS informed approved FWVP parolees that if 
their immigrant visa is still unavailable at the time their parole 
expires, they must apply to USCIS for a re-parole and pay the required 
fee. Therefore, FWVP program beneficiaries are expected to apply for 
lawful permanent resident status as soon as their immigrant visa 
becomes available.
    Given these reliance interests, DHS will accept requests for re-
parole under the existing standards of the FWVP program.

Comments

    You may access the information collection instrument with 
instructions, or additional information by visiting the Federal 
eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-
2007-0045 in the search box. All submissions will be posted, without 
change, to the Federal eRulemaking Portal at https://www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to consider limiting the amount of personal information that 
you provide in any voluntary submission you make to DHS. DHS may 
withhold information provided in comments from public viewing that it 
determines may impact the privacy of an individual or is offensive. For 
additional information, please read the Privacy Act notice that is 
available via the link in the footer of https://www.regulations.gov.
    Written comments and suggestions from the public and affected 
agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Overview of This Information Collection

    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application for Travel Document.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-131; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. Certain 
aliens, principally permanent or conditional residents, refugees or 
asylees, applicants for adjustment of status, aliens in Temporary 
Protected Status (TPS), and aliens abroad seeking humanitarian parole 
who need to apply for a travel document to lawfully enter or reenter 
the United States. Eligible recipients of deferred action under 
childhood arrivals (DACA) may now request an advance parole documents 
based on humanitarian, educational and employment reasons. Lawful 
permanent residents may now file requests for travel permits 
(transportation letter or boarding foil).
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-131 is 
379,483 and the estimated hour burden per response is 1.9 hours; the 
estimated total number of respondents for biometrics processing is 
75,100 and the estimated hour burden per response is 1.17 hours; the 
estimated total number of respondents for passport-style photos is 
325,000 and the estimated hour burden per response is 0.5 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 971,385 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $111,568,002.

    Dated: December 18, 2020.
Joseph Edlow,
Deputy Director for Policy, U.S. Citizenship and Immigration Services, 
Department of Homeland Security.
[FR Doc. 2020-28475 Filed 12-23-20; 8:45 am]
BILLING CODE 9111-97-P