[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1279-1282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00253]


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DEPARTMENT OF HOMELAND SECURITY


Implementation of Changes to the Parole Process for Venezuelans

ACTION: Notice

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) has authorized updates to the Parole Process for 
Venezuelans that was initiated in October 2022. The Venezuela process 
provides a safe and orderly pathway for certain individuals to seek 
authorization to travel to the United States to be considered for 
parole at an interior port of entry, contingent on the Government of 
Mexico (GOM) making an independent decision to accept the return or 
removal of Venezuelan nationals who bypass this new process and enter 
the United States without authorization. Pursuant to this notice, the 
Secretary has removed the limit of 24,000 total travel authorizations 
and replaced it with a monthly limit of 30,000 travel authorizations 
spread across this process and the separate and independent Parole 
Process for Cubans, Parole Process for Haitians, and Parole Process for 
Nicaraguans (as described in separate notices published concurrently in 
today's edition of the Federal Register). The Secretary also has 
updated the eligibility criteria for the Venezuela process by including 
an exception that will enable Venezuelans who cross without 
authorization into the United States at the Southwest Border (SWB) and 
are subsequently permitted a one-time option to voluntarily depart or 
voluntarily withdraw their application for admission to maintain 
eligibility to participate in this parole process. DHS believes that 
these changes are needed to ensure that the Venezuela process continues 
to deliver the already-realized benefits of reducing the number of 
Venezuelan nationals crossing our border without authorization and the 
surge in migration throughout the hemisphere and channels migrants into 
a safe and orderly process that enables them to enter the United States 
without making the dangerous journey to the SWB.

DATES: DHS will begin using the Form I-134A, Online Request to be a 
Supporter and Declaration of Financial Support, for this process on 
January 6, 2023. DHS will apply the changes to the process beginning on 
January 6, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel Delgado, Acting Director, 
Border and Immigration Policy, Office of Strategy, Policy, and Plans, 
Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE, 
Washington, DC 20528-0445; telephone (202) 447-3459 (not a toll-free 
number).

SUPPLEMENTARY INFORMATION:

I. Background--Venezuelan Parole Process

    On October 19, 2022, DHS published a Federal Register Notice 
describing a new effort to address the high number of Venezuelans 
encountered at the SWB.\1\ Since the announcement of that process, 
Venezuelans who have not availed themselves of the process, and instead 
entered the United States without authorization, have been expelled to 
Mexico pursuant to the Centers for Disease Control and Prevention (CDC) 
Title 42 public health Order or, if not expelled, processed for removal 
or the initiation of removal proceedings.
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    \1\ 87 FR 63507 (Oct. 19, 2022).
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    Once the Title 42 public health Order is lifted, DHS will no longer 
expel noncitizens to Mexico, but rather all noncitizens will be 
processed pursuant to DHS's Title 8 immigration authorities. The United 
States' continued operation of this process will continue to be 
contingent on the GOM's independent decision to accept the return of 
removal of individuals, including under Title 8 authorities.

Eligibility To Participate in the Process

    As described in the October 19 Federal Register Notice, the 
Department of Homeland Security (DHS) implemented a process--modeled on 
the successful Uniting for Ukraine (U4U) parole process--for certain 
Venezuelan nationals to lawfully enter the United States in a safe and 
orderly manner. To be eligible, individuals must have a supporter in 
the United States who agrees to provide financial support, such as 
housing and other needs; must pass national security and public safety 
vetting; and must agree to fly at their own expense to an interior U.S. 
port of entry (POE), rather than entering at a land POE.
    Individuals are ineligible if they have been ordered removed from 
the United States within the prior five years or have entered 
unauthorized into the United States, Mexico, or Panama after October 
19, 2022. Venezuelan nationals also are generally ineligible if they 
are a permanent resident or dual national of any country or hold 
refugee status in any country other than Venezuela, though per the 
conforming change described below, they will now remain eligible to be 
considered for parole under this process if DHS operates a similar 
parole process for nationals of that other country. Only those who meet 
all specified criteria will be eligible to receive advance 
authorization to travel to the United States and be considered for 
parole, on a case-by-case basis, under this process. The process 
originally limited the number of Venezuelans who could receive travel 
authorization to 24,000.

II. Assessment of Venezuela Parole Process to Date

    The success of the Venezuela process demonstrates that combining a 
clear and meaningful consequence for unauthorized entry along the SWB 
with a significant incentive for migrants to wait where they are and 
use a lawful process to come to the United States can change migratory 
flows. Within a week of the October 12, 2022 announcement of that 
process, the number of Venezuelans encountered at the SWB fell from 
over 1,100 per day to under 200 per day, and as of the week ending 
December 4, to an average of 86 per day.\2\ The new process and 
accompanying consequence for unauthorized entry also led to a 
precipitous decline in Venezuelan irregular migration \3\ throughout 
the Western Hemisphere. The number of Venezuelans attempting to enter 
Panama through the Dari[eacute]n was down from 40,593 in October 2022 
to just 668 in November.\4\ DHS provided the new parole process for 
Venezuelans who are backed by supporters in the United States to come 
to the United States by

[[Page 1280]]

flying to interior POEs--thus obviating the need for them to make the 
dangerous journey to the SWB. Meanwhile, the GOM for the first time 
made an independent decision to accept the returns of Venezuelans who 
crossed the SWB without authorization pursuant to the Title 42 public 
health Order, which imposed a consequence on Venezuelans who sought to 
come to the SWB rather than avail themselves of the newly announced 
parole process. With the vast majority of those encountered returned to 
Mexico, fewer releases have freed up DHS resources that would otherwise 
be used to process these individuals; this has also reduced the number 
of individuals state and local governments, as supported by civil 
society, have had to receive and assist.
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    \2\ Office of Immigration Statistics (OIS) analysis of data 
pulled from CBP Unified Immigration Portal (UIP) December 5, 2022. 
Data are limited to USBP encounters to exclude those being paroled 
in through ports of entry.
    \3\ In this notice, irregular migration refers to the movement 
of people into another country without authorization.
    \4\ Servicio Nacional de Migraci[oacute]n de Panam[aacute], 
Irregulares en Tr[aacute]nsito Frontera Panam[aacute]-Colombia 2022, 
https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf (last viewed 
Dec. 11, 2022).
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    The effects have been felt throughout the Western Hemisphere, not 
just in the United States. Thousands of Venezuelans who had already 
crossed the Dari[eacute]n have flown back to Venezuela on voluntary 
flights organized by the governments of Mexico, Guatemala, and Panama, 
as well as civil society.\5\ Other migrants who were about to enter the 
Dari[eacute]n have turned around and headed back south.\6\ Still others 
who were intending to migrate north are staying where they are to apply 
for this lawful process, rather than make the dangerous journey to the 
SWB.\7\
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    \5\ La Prensa Latina Media, More than 4,000 migrants voluntarily 
returned to Venezuela from Panama, https://www.laprensalatina.com/more-than-4000-migrants-voluntarily-returned-to-venezuela-from-panama/, Nov. 9 2022 (last viewed Dec. 8, 2022).
    \6\ Voice of America, U.S. Policy Prompts Some Venezuelan 
Migrants to Change Route, https://www.voanews.com/a/us-policy-prompts-some-venezuelan-migrants-to-change-route/6790996.html, Oct. 
14, 2022 (last viewed Dec. 8, 2022).
    \7\ Axios, Biden's new border policy throws Venezuelan migrants 
into limbo, https://www.axios.com/2022/11/07/biden-venezuela-border-policy-darien-gap, Nov. 7 2022 (last viewed Dec. 8, 2022).
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    DHS has seen strong interest in this parole process. As of December 
27, 2022, DHS had authorized travel for more than 15,700 Venezuelan 
beneficiaries, already more than half of the available number of travel 
authorizations.\8\ Of those authorized to travel to the United States, 
more than 10,600 have arrived and been paroled into the country.\9\ 
More than 3,600 of those Venezuelans who have flown into the United 
States and were paroled through this process arrived from Colombia; 
another 2,300 came from Venezuela, 1,500 from Mexico, and 3,100 from 
other countries. Those figures show that the process is reaching both 
people in Venezuela and Colombia before they seek to irregularly 
migrate, and those who are displaced in transit countries, like 
Mexico.\10\
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    \8\ Department of Homeland Security, Daily Venezuela Report, 
Dec. 27, 2022.
    \9\ Id.
    \10\ Id.
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III. Changes

    Given the early success of the process, the Secretary has 
authorized two changes to the process to ensure its continued 
viability, particularly as DHS prepares for an eventual transition from 
Title 42 processing to full Title 8 processing at the border.\11\
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    \11\ The Secretary authorized the changes following 
considerations reflected in the Secretary's decision memorandum 
dated December 22, 2022. See Memorandum for the Secretary from the 
Under Secretary for Strategy, Policy, and Plans, Acting Commissioner 
of U.S. Customs and Border Protection, and Director of U.S. 
Citizenship and Immigration Services, Updates to the Parole Process 
for Certain Venezuelan Nationals (Dec. 22, 2022).
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A. Removal of the 24,000 Limit on Travel Authorizations and Replacement 
With a 30,000 Monthly Limit Spread Across Separate and Independent 
Parole Processes

    The process announced in the October 19 Federal Register Notice was 
subject to a numerical limit. Demand for the Venezuela process has far 
exceeded the 24,000 limit set in the first Federal Register Notice. In 
just two months of operation, DHS received thousands of applications 
from supporters and has already approved well more than half of the 
available travel authorizations. Were DHS to reach the numerical limit, 
prospective migrants would no longer be eligible for this process, 
which serves as a meaningful alternative to irregular migration. DHS 
anticipates that we would then see increased irregular migration of 
Venezuelans.
    Accordingly, the Secretary has removed the 24,000 numerical limit 
on travel authorizations and replaced it with a monthly limit of 30,000 
travel authorizations in the aggregate spread across this process and 
the separate and independent Parole Process for Cubans, Parole Process 
for Haitians, and Parole Process for Nicaraguans (as described in 
separate notices published concurrently in today's edition of the 
Federal Register). This change gives DHS the flexibility to continue 
the process for Venezuelans, thereby providing more certainty to the 
public and supporting partners. It also preserves the flexibility to 
extend or terminate the process, as the circumstances warrant. DHS will 
continue to evaluate this monthly limit and make adjustments if needed 
over time.

B. Updated Eligibility Criteria

    Following the GOM's independent decision to accept returns of 
Venezuelans, DHS began expelling Venezuelans who are encountered after 
entering the United States without authorization, pursuant to the Title 
42 public health Order. Currently, a Venezuelan (or qualifying 
immediate family member) is ineligible to participate in the parole 
process if, among other things, they crossed irregularly into the 
United States after October 19, 2022--regardless of whether they were 
expelled, ordered removed, or departed voluntarily.\12\
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    \12\ 87 FR 63507 (Oct. 19, 2022).
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    After the Title 42 Order ceases to be in effect, DHS will resume 
Title 8 immigration processing of all individuals, including 
Venezuelans. Pursuant to Title 8, noncitizens who have entered the 
United States without authorization may be permitted to voluntarily 
depart pursuant to Immigration and Nationality Act (INA) 240B, 8 U.S.C. 
1229c, may be permitted to voluntarily withdraw their application for 
admission pursuant to INA 235(a)(4), 8 U.S.C. 1225(a)(4), or may be 
ordered removed, regardless of whether Title 42 remains in effect.
    Individuals continue to be generally ineligible for consideration 
for parole pursuant to this process if they have crossed into the 
United States without authorization between POEs along the SWB since 
October 20, 2022. There will now be the following exception: 
individuals who have crossed without authorization into the United 
States after December 20, 2022, and have been permitted a single 
instance of voluntary departure pursuant to INA 240B, 8 U.S.C. 1229c, 
or withdrawal of their application for admission pursuant to INA 
235(a)(4), 8 U.S.C. 1225(a)(4), will remain eligible to participate in 
the parole process. If such an individual crossed without authorization 
between POEs along the SWB from October 20, 2022 through December 20, 
2022, they would remain ineligible to participate and the exception 
would not apply. Permitting Venezuelan nationals to voluntarily depart 
or withdraw their application for admission one time and still be 
considered for parole through the process will reduce the burden on DHS 
personnel and resources that would otherwise be required to obtain and 
execute a final order of removal. This includes reducing strain on 
detention and removal flight capacity, officer resources, and reducing 
costs associated with detention and monitoring.

[[Page 1281]]

    The Secretary has also approved a conforming change to provide that 
a Venezuelan national who is a permanent resident or dual national of 
any country or holds refugee status in any country other than Venezuela 
remains eligible to be considered for parole under this process if DHS 
operates a similar parole process for nationals of that other country. 
All other eligibility requirements described in the October 19, 2022 
Notice remain the same.
    These changes are responsive to our multilateral commitments to 
address irregular migration throughout the Hemisphere. In this case, 
the United States is making two changes to this process that will 
support our commitment to creating additional lawful pathways. For its 
part, the GOM has made an independent decision to accept the return or 
removal, including under Title 8, of Venezuelan nationals who bypass 
this new process and enter the United States without authorization. The 
United States' continued operation of this process is contingent on the 
GOM's independent decision in this regard.

C. Scope, Termination, and No Private Rights

    The Secretary retains the sole discretion to terminate the Parole 
Process for Venezuelans at any point.The number of travel 
authorizations granted under this process shall be spread across this 
process and the separate and independent Parole Process for Cubans, 
Parole Process for Haitians, and Parole Process for Nicaraguans (as 
described in separate notices published concurrently in today's edition 
of the Federal Register), and shall not exceed 30,000 each month. Each 
of these processes operates independently, and any action to terminate 
or modify any of the other processes will have no bearing on the 
criteria for or independent decisions with respect to this process.
    This process is being implemented as a matter of the Secretary's 
discretion. It is not intended to and does not create any rights, 
substantive or procedural, enforceable by any party in any matter, 
civil or criminal.

IV. Regulatory Requirements

A. Administrative Procedure Act

    The October 19 Federal Register Notice describing this process 
explained that this process is exempt from notice-and-comment 
rulemaking requirements because (1) the process is a general statement 
of policy,\13\ (2) the process pertains to a foreign affairs function 
of the United States,\14\ and (3) even if notice-and-comment were 
required, DHS would for good cause find that the delay associated with 
implementing these changes through notice-and-comment rulemaking would 
be impracticable and contrary to the public interest because of the 
need for coordination with the GOM, and the urgent border and national 
security and humanitarian interests in reducing and diverting the flow 
of irregular migration.\15\ The changes described in this Notice are 
amenable to immediate issuance and implementation for the same reasons.
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    \13\ 5 U.S.C. 553(b)(A); see also id. 553(d)(2).
    \14\ 5 U.S.C. 553(a)(1).
    \15\ 5 U.S.C. 553(b)(B).
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    First, these changes relate to a general statement of policy,\16\ 
i.e., a ``statement[] issued by an agency to advise the public 
prospectively of the manner in which the agency proposes to exercise a 
discretionary power.'' \17\ As section 212(d)(5)(A) of the INA, 8 
U.S.C. 1182(d)(5)(A), provides, parole decisions are made by the 
Secretary of Homeland Security ``in his discretion.''
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    \16\ 5 U.S.C. 553(b)(A); id. 553(d)(2).
    \17\ Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting 
Chrysler Corp. v. Brown, 441 U.S. 281, 302 n.31 (1979)).
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    Second, even if these changes were considered to be a legislative 
rule that would normally be subject to requirements for notice-and-
comment rulemaking and a delayed effective date, these changes--like 
the implementation of the process itself--pertain to a foreign affairs 
function of the United States, as described in the October 19 notice, 
and are directly responsive to ongoing conversations with, and requests 
from, foreign partners.\18\ Specifically, the GOM has urged the United 
States to consider lifting the 24,000 limit,\19\ which would allow more 
Venezuelans to participate in and engage the process and further 
disincentivize irregular migration, enhancing the security of both of 
our borders. Delaying implementation of these changes to conduct 
notice-and-comment rulemaking would directly implicate the GOM's 
independent decision to accept returns, including under Title 8 
processes, and produce undesirable international consequences. Absent 
these changes, DHS would soon reach the 24,000 cap and GOM would no 
longer accept the returns of Venezuelan nationals. Thus, without these 
changes, DHS would no longer have the ability to return Venezuelan 
nationals to Mexico, and the Venezuela process would no longer be 
viable. That would then, in all likelihood, lead to another surge in 
migration of Venezuelan nationals throughout the hemisphere and to our 
border.
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    \18\ 5 U.S.C. 553(a)(1).
    \19\ See Dallas Morning News, Ahead of Title 42's end, U.S.-
Mexico negotiations called `intense,' `round-the-clock' https://www.dallasnews.com/news/2022/12/13/ahead-of-title-42s-end-us-mexico-negotations-called-intense-round-the-clock/, Dec. 13, 2022 (last 
viewed Dec. 14, 2022).
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    Finally, even if notice-and-comment and a delayed effective date 
were required, DHS would for good cause find that the delay associated 
with implementing these changes through notice-and-comment rulemaking 
would be impracticable and contrary to the public interest because of 
the need for coordination with the GOM, and the urgent border and 
national security and humanitarian interests in reducing and diverting 
the flow of irregular migration.\20\ As noted above, absent immediate 
action, there is a risk that DHS meets the 24,000 cap, which would in 
turn cause the GOM to no longer accept the returns of Venezuelan 
nationals and end the success of the parole process to date at reducing 
the number of Venezuelan nationals encountered at the border.
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    \20\ See 5 U.S.C. 553(b)(B); id. 553(d)(3).
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B. Paperwork Reduction Act (PRA)

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all 
Departments are required to submit to the Office of Management and 
Budget (OMB), for review and approval, any new reporting requirements 
they impose. The process announced by this notice involves three 
collections of information, as follows.
    In connection with the process for Venezuelans, OMB has previously 
approved a revision to USCIS Form I-134, Declaration of Financial 
Support (OMB control number 1615-0014) under the PRA's emergency 
processing procedures at 5 CFR 1320.13. OMB has recently approved a new 
collection, Form I-134A, Online Request for Consideration to be a 
Supporter and Declaration of Financial Support (OMB control number 
1615-NEW). This new collection will now be used for the Venezuela 
parole process and is being revised in connection with this notice, 
including by increasing the burden estimate. USCIS has submitted and 
OMB has approved a request for emergency authorization of the required 
changes (under 5 CFR 1320.13) for a period of 6 months. Within the next 
90 days, USCIS will immediately begin normal clearance procedures under 
the PRA.
    OMB has also previously approved an emergency request under 5 CFR 
1320.13 for a revision to an information

[[Page 1282]]

collection from CBP entitled Advance Travel Authorization (OMB control 
number 1651-0143). In connection with the changes described above, CBP 
is making further changes under the PRA's emergency processing 
procedures at 5 CFR 1320.13, including increasing the burden estimate. 
OMB has approved the emergency request for a period of 6 months. Within 
the next 90 days, CBP will immediately begin normal clearance 
procedures under the PRA.
    More information about these collections can be viewed at 
www.reginfo.gov.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023-00253 Filed 1-5-23; 4:15 pm]
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