[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21694-21704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07592]



[[Page 21694]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

DEPARTMENT OF STATE

[CIS No. 2724-22; DHS Docket No. USCIS-2022-0009]
RIN 1615-ZB98


Bureau of Population, Refugees, and Migration; Central American 
Minors Program

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security; Bureau of Population, Refugees, and Migration, 
Department of State.

ACTION: Notice of enhancements to the Central American Minors Program.

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SUMMARY: This notice announces enhancements to the Central American 
Minors (CAM) Program by, among other things, updating certain 
eligibility criteria for program access. The CAM Program allows certain 
qualifying individuals to request access to the U.S. Refugee Admissions 
Program (USRAP) on behalf of their qualifying children who are 
nationals of El Salvador, Guatemala, and Honduras (collectively known 
as northern Central America or NCA), and certain family members of 
those children, for possible resettlement, or if ineligible for refugee 
status, for possible parole in the United States. U.S. Citizenship and 
Immigration Services (USCIS) and the Department of State, Bureau of 
Population, Refugees, and Migration (PRM) are announcing changes to the 
CAM Program consistent with an Executive order (E.O.) issued on 
February 2, 2021, which directed the Secretary of Homeland Security to 
consider actions to reinstitute and improve upon the CAM parole 
process, leading to the reopening of the broader CAM Program as part of 
the USRAP. The CAM Program is a key component of the Collaborative 
Migration Management Strategy (CMMS), the first U.S. Government 
strategy focused on strengthening cooperative efforts to manage safe, 
orderly, and humane migration in North and Central America and 
complements other U.S. Government efforts to manage the flow of 
irregular migration to the United States, by providing a lawful, safe, 
orderly, and humane pathway for certain Central American children to 
come to the United States and reunite with family members. It also 
helps to reduce strain on limited U.S. resources through more managed 
migration and promotes family unity.

DATES: The program enhancements announced by this notice are effective 
on April 11, 2023, with implementation to follow as operational updates 
are made to accord with the enhanced program, including required 
revisions to the DS-7699, Affidavit of Relationship (AOR) for Minors 
Who are Nationals of El Salvador, Guatemala, or Honduras, after a 
separate Federal Register notice to follow.

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 240-721-3000. Kelly Gauger, Deputy Director, Office of Refugee 
Admissions, Bureau of Population, Refugees, and Migration, Department 
of State, by mail at 2025 E Street NW, Washington, DC 20006.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The U.S. Government (USG) is committed to implementing a 
comprehensive framework to manage migration throughout North and 
Central America, in which the CAM Program plays an important role.\1\ 
Issued on February 2, 2021, E.O. 14010 calls for a four-pronged 
approach to managing this migration, including: addressing the root 
causes of irregular migration; managing migration throughout the region 
collaboratively with other nations and stakeholders; restoring and 
enhancing the U.S. asylum system and the process for migrants at the 
Southwest Border (SWB) to access this system; and creating and 
expanding lawful pathways for migrants to enter the United States and 
seek protection.\2\ In its section on expanding lawful pathways for 
protection and opportunity, E.O. 14010 specifically directs the 
Secretary of Homeland Security to consider actions to ``reinstitute and 
improve upon the CAM Parole Program.'' \3\ On February 4, 2021, E.O. 
14013 likewise directed actions to rebuild, expand, and improve the 
USRAP.\4\ On March 10, 2021, consistent with these Executive orders, 
and following submission of a publicly available report to and 
consultation with Congressional committees, Department of Homeland 
Security (DHS) and the Department of State (State or DOS) publicly 
announced the first phase of reopening and improving the CAM Program to 
make certain qualified children from El Salvador, Guatemala, and 
Honduras eligible for potential refugee resettlement to reunite with 
their parent or parents in the United States in certain qualifying 
immigration categories.\5\ On June 15, 2021, DHS and State provided the 
details of plans to expand access to an additional number of qualifying 
individuals.\6\
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    \1\ See, e.g., E.O. 14010, Creating a Comprehensive Regional 
Framework To Address the Causes of Migration, To Manage Migration 
Throughout North and Central America, and To Provide Safe and 
Orderly Processing of Asylum Seekers at the United States Border, 
sec. 1, 86 FR 8267 (Feb. 2, 2021); Collaborative Migration 
Management Strategy, National Security Council (July 2021) available 
at: https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.
    \2\ E.O. 14010, sec. 2-4, 86 FR 8267-71.
    \3\ Specifically, E.O. 14010, Creating a Comprehensive Regional 
Framework To Address the Causes of Migration, To Manage Migration 
Throughout North and Central America, and To Provide Safe and 
Orderly Processing of Asylum Seekers at the United States Border, 
sec. 3(b)(i), directed the Secretary of Homeland Security to 
``consider taking all appropriate actions to reverse the 2017 
decision rescinding the Central American Minors (CAM) parole policy 
and terminating the CAM Parole Program; `Termination of the Central 
American Minors Parole Program,' 82 FR 38,926 (Aug. 16, 2017), and 
consider initiating appropriate actions to reinstitute and improve 
upon the CAM Parole Program.'' 86 FR 8269.
    \4\ See E.O. 14013, Rebuilding and Enhancing Programs to 
Resettle Refugees and Planning for the Impact of Climate Change on 
Migration, 86 FR 8839 (Feb. 9, 2021).
    \5\ Restarting the Central American Minors Program, DOS (Mar. 
10, 2021), available at: https://www.state.gov/restarting-the-central-american-minors-program/.
    \6\ Joint Statement by the U.S. Department of State and U.S. 
Department of Homeland Security on the Expansion of Access to the 
Central American Minors Program, DOS (Jun. 15, 2021), available at: 
https://www.state.gov/joint-statement-by-the-u-s-department-of-state-and-u-s-department-of-homeland-security-on-the-expansion-of-access-to-the-central-american-minors-program/.
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    In July 2021, the White House published the CMMS, which described 
U.S. strategy to collaboratively manage migration throughout Central 
America, with specific reference to the structure and purpose of the 
CAM Program under Pillar 8, ``Expand Access to Lawful Pathways for 
Protection and Opportunity in the United States.'' \7\ In March 2022, 
DHS published an interim final rule (IFR) to allow U.S. immigration 
officials to more promptly consider the asylum claims of individuals 
encountered at or near the SWB, thereby more effectively and 
efficiently identifying those who have

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valid asylum claims, while more promptly removing those who do not.\8\
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    \7\ Collaborative Migration Management Strategy, National 
Security Council (July 2021), available at: https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.
    \8\ Procedures for Credible Fear Screening and Consideration of 
Asylum, Withholding of Removal, and CAT Protection Claims by Asylum 
Officers, 87 FR 18078 (Mar. 29, 2022).
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    Furthermore, at the Ninth Summit of the Americas in June 2022, 
countries in the Western Hemisphere, including the United States, 
endorsed the Los Angeles Declaration on Migration and Protection (Los 
Angeles Declaration), in which the countries made significant 
commitments related to promoting safe, orderly, and humane migration, 
and countries have since implemented initiatives or reaffirmed their 
commitments to continuing earlier programs. Specifically, in the Los 
Angeles Declaration, countries affirmed that ``regular pathways, 
including circular and seasonal labor migration opportunities, family 
reunification, temporary migration mechanisms, and regularization 
programs promote safer and more orderly migration.'' \9\ Recognizing 
the importance of regular pathways, more than 20 countries, including 
the United States, reaffirmed their commitment to expand access to 
regular pathways with a goal of changing the way people migrate. Within 
the framework of deliverables under the Los Angeles Declaration, the 
United States committed to resettle up to 20,000 refugees from the 
Americas during the twenty-four months of fiscal years (FYs) 2023 and 
2024.
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    \9\ Los Angeles Declaration on Migration and Protection (June 
10, 2022), available at https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
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    A critical component of the USG's comprehensive framework to manage 
migration is the creation and expansion of lawful pathways through 
which migrants can come to the United States. The availability of 
lawful pathways serves two key goals: First, they provide a safe and 
lawful alternative to irregular migration, thus helping to reduce 
irregular migration flows. Second, they serve other significant public 
benefit and urgent humanitarian needs, including the safe reunification 
of children with their parents. As part of efforts to increase access 
to lawful pathways, DHS and State have expanded refugee processing in 
Central America \10\ and reduced immigrant visa backlogs.\11\ 
Additionally, DHS, in consultation with the Department of Labor (DOL), 
allocated, on multiple occasions, a set number of H-2B visas to NCA 
countries as part of efforts to increase access to temporary 
nonimmigrant work visas to individuals in the region while enhancing 
worker protections.\12\ DHS intends for the parole component of the CAM 
Program (or ``CAM parole process'') to complement these other pathways 
by providing a process for certain qualifying children and family 
members to lawfully enter the United States in a safe and orderly 
manner to reunite with the qualifying child's parent or legal guardian. 
It therefore contributes to the broader strategy of providing safe, 
lawful, and orderly pathways to individuals who may otherwise be driven 
to travel to the United States through irregular means, cuts out the 
smugglers who prey on vulnerable individuals seeking to make this 
dangerous journey, and supports the interest in promoting family 
reunification.
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    \10\ The United States continues these efforts by pursuing the 
use of new technologies and processes to facilitate and expand 
remote case processing capabilities. It is also seeking to continue 
increasing U.S. Refugee Admissions Program (USRAP) processing 
capacity in Central America.
    \11\ As of January 31, 2022, the United States has resolved the 
backlog of immigrant visa petitions filed on behalf of Central 
American nationals from a high of approximately 19,000 in April 
2021.
    \12\ See, e.g., Exercise of Time-Limited Authority to Increase 
the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary 
Nonagricultural Worker Program and Portability Flexibility for H-2B 
Workers Seeking to Change Employers, 87 FR 76816 (Dec. 15, 2022) 
(DHS and DOL authorized a total of 64,716 supplemental visas, of 
which 20,000 visas were reserved for nationals of Central American 
countries); Exercise of Time-Limited Authority to Increase the 
Fiscal Year 2022 Numerical Limitation for the H-2B Temporary 
Nonagricultural Worker Program and Portability Flexibility for H-2B 
Workers Seeking to Change Employers, 87 FR 4722 (Jan. 28, 2022) (DHS 
and DOL again authorized an additional 20,000 H-2B visas, of which 
6,500 were reserved for nationals of Central American countries, 
with the addition of Haiti) (available at: https://www.federalregister.gov/documents/2022/01/28/2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the; see also https://www.federalregister.gov/documents/2022/02/03/C1-2022-01866/exercise-of-time-limited-authority-to-increase-the-fiscal-year-2022-numerical-limitation-for-the (corrected version as of Feb. 3, 2022)); Exercise of Time-
Limited Authority To Increase the Numerical Limitation for Second 
Half of FY 2022 for the H-2B Temporary Nonagricultural Worker 
Program and Portability Flexibility for H-2B Workers Seeking To 
Change Employers, 87 FR 30334 (May 18, 2022) (DHS and DOL authorized 
an additional 35,000 supplemental visas, of which 11,500 were 
reserved for nationals of Central American countries and Haiti) 
(available at: https://www.federalregister.gov/documents/2022/05/18/2022-10631/exercise-of-time-limited-authority-to-increase-the-numerical-limitation-for-second-half-of-fy-2022). On October 12, 
2022, DHS announced a forthcoming rule that would authorize nearly 
65,000 additional visas, of which 20,000 would be reserved for 
nationals of Central American countries and Haiti. See DHS, Press 
Release, DHS to Supplement H-2B Cap with Nearly 65,000 Additional 
Visas for Fiscal Year 2023 (Oct. 12, 2022), https://www.dhs.gov/news/2022/10/12/dhs-supplement-h-2b-cap-nearly-65000-additional-visas-fiscal-year-2023 (last visited Nov. 2, 2022).
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    This Notice announces enhancements to the CAM parole process and 
expands eligibility criteria for those who may request USRAP access for 
qualifying children through the CAM Program. The notice also provides 
historical and legal background on the CAM Program and explains the 
reasons for establishing and continuing the CAM Program as a whole.

Background on the CAM Program

History and Purpose of the CAM Program

A. Initial Establishment and 2016 Expansion
    The CAM Program was initially established in December 2014,\13\ 
following a significant surge in the number of unaccompanied children 
(UC) from El Salvador, Guatemala, and Honduras irregularly crossing the 
SWB. In Fiscal Year (FY) 2014, the number of UC encounters from these 
three countries increased to approximately 52,000, more than doubling 
the number of UC encounters from these countries in FY 2013.\14\ The 
CAM Program was designed to address this increase by providing an 
alternative to irregular migration for children seeking to reunify with 
certain family members. Protecting children and providing them with the 
stability of their families are the driving forces behind the CAM 
Program and what distinguishes it from many other available lawful 
pathways. In establishing the CAM Program, the United States recognized 
that the dangers of irregular migration, including abuse and harm from 
transnational criminal organizations, are particularly acute for 
children.
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    \13\ ``Vice President Biden announced the CAM Program publicly 
on November 14, 2014, at the Inter-American Development Bank as part 
of a broader U.S. commitment to working with Central American 
countries to help create the economic, social, governance, and 
security conditions to address factors contributing to increases in 
migration to the United States.'' Written testimony of USCIS 
Refugee, Asylum and International Operations Associate Director 
Joseph Langlois for Senate Committee on the Judiciary, Subcommittee 
on Immigration and The National Interest hearing titled ``Eroding 
the Law and Diverting Taxpayer Resources: An Examination of the 
Administration's Central American Minors Refugee/Parole Program'' 
(Apr. 23, 2015), available at: https://www.dhs.gov/news/2015/04/23/written-testimony-uscis-senate-judiciary-subcommittee-immigration-and-national.
    \14\ Unaccompanied Alien Children Encountered by Fiscal Year, 
Fiscal Years 2009-2013; Fiscal Year 2014 through September 30, 
Southwest Border Unaccompanied Alien Children FY 2014, U.S. Customs 
and Border Protection, https://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children/fy-2014.
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    Specifically, the CAM Program allowed, and continues to allow, 
qualifying parents present in the United States in certain immigration 
categories to request that their unmarried children under 21 years of 
age, as well as certain

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other eligible family members who are nationals of El Salvador, 
Guatemala, or Honduras, gain access to the USRAP by filing with State 
Form DS-7699, Affidavit of Relationship (AOR) for Minors Who Are 
Nationals of El Salvador, Guatemala, and Honduras.\15\ Qualifying 
children and eligible family members who are granted access to the 
USRAP via the CAM Program must undergo DNA testing to verify any 
claimed biological relationship and are interviewed by USCIS Refugee 
Officers to determine who may be approved for classification as a 
refugee. Qualifying children and eligible family members who do not 
establish eligibility for refugee status,\16\ may then be considered, 
on a case-by-case basis, for parole. Qualifying children may be 
eligible for parole when they face a well-founded fear of harm in their 
home countries, regardless of whether it is on account of a protected 
characteristic. In addition, if a qualifying child is eligible for 
refugee status or parole, any accompanying family members who are 
ineligible for refugee status will also be considered for parole for 
the purpose of promoting family unity and based on the positive factor 
of promoting safe, legal, humane, and orderly migration. CAM applicants 
approved for refugee status are admitted into the United States as 
refugees through the U.S. Refugee Admissions Program and are counted 
against the regional allocation for Latin America and the Caribbean. 
Parolees are allowed to temporarily enter the United States but do not 
have access to the benefits afforded to refugees, including lawful 
immigration status, the ability to sponsor additional family members 
for lawful immigration status, a pathway to permanent residence and 
ultimately citizenship, or access to resettlement services and public 
benefits based on said refugee status.\17\
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    \15\ Central American Minors (CAM) Refugee and Parole Program, 
https://uscis.gov/CAM.
    \16\ Among other things, refugee applicants must show that they 
meet the statutory definition in Immigration and Nationality Act 
(INA) sec. 101(a)(42): The term ``refugee'' means (A) any person who 
is outside any country of such person's nationality or, in the case 
of a person having no nationality, is outside any country in which 
such person last habitually resided, and who is unable or unwilling 
to return to, and is unable or unwilling to avail himself or herself 
of the protection of, that country because of persecution or a well-
founded fear of persecution on account of race, religion, 
nationality, membership in a particular social group, or political 
opinion, or (B) in such special circumstances as the President after 
appropriate consultation (as defined in 8 U.S.C. 1157(e)) may 
specify, any person who is within the country of such person's 
nationality or, in the case of a person having no nationality, 
within the country in which such person is habitually residing, and 
who is persecuted or who has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a particular 
social group, or political opinion. The term ``refugee'' does not 
include any person who ordered, incited, assisted, or otherwise 
participated in the persecution of any person on account of race, 
religion, nationality, membership in a particular social group, or 
political opinion. For purposes of determinations under 8 U.S.C. 
chapter 12, a person who has been forced to abort a pregnancy or to 
undergo involuntary sterilization, or who has been persecuted for 
failure or refusal to undergo such a procedure or for other 
resistance to a coercive population control program, shall be deemed 
to have been persecuted on account of political opinion, and a 
person who has a well-founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such failure, 
refusal, or resistance shall be deemed to have a well-founded fear 
of persecution on account of political opinion.
    \17\ See INA secs. 207, 209, 412.
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    As established in 2014, certain parents in the United States in a 
qualifying immigration category could, and remain able to, request 
access to USRAP via the CAM Program for qualifying children and 
eligible family members.\18\ A qualified child was, and remains, 
defined as an unmarried child, under the age of 21, who is a national 
of El Salvador, Guatemala, or Honduras, and is physically located in 
one of those countries. In some cases, an in-country parent of the 
qualifying child who is part of the same household and economic unit as 
the qualifying child and legally married to the parent in the United 
States could also qualify for access.\19\ Children of a qualifying 
child or of other eligible family members can also qualify, if those 
children are under the age of 21 and unmarried. If an individual 
receives access to USRAP via the CAM Program, but is found ineligible 
for refugee status because, for example, their fear of harm is not 
based on a protected characteristic,\20\ USCIS may consider parole. 
Each parole determination was, and continues to be made on an 
individualized, case-by-case basis. Authorization of parole may be 
warranted based on serving a significant public benefit or for urgent 
humanitarian reasons, as described below, and if a favorable exercise 
of discretion is merited.\21\
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    \18\ In 2013, the U.S.-based qualifying parent included those 
with Lawful Permanent Residence, Temporary Protected Status, Parole, 
Deferred Action, Deferred Enforced Departure, and Withholding of 
Removal.
    \19\ See https://www.uscis.gov/archive/central-american-minors-cam-refugeeparole-program.
    \20\ The primary reason a qualifying child would be found 
ineligible for refugee status is because they did not establish all 
elements of the refugee definition, which requires any harm 
experienced or feared in the future to rise to the level of 
persecution and to have been committed on account of at least one 
protected ground (i.e. race, religion, nationality, political 
opinion, or membership in a particular social group).
    \21\ Any person who is outside the U.S. may apply for parole 
using USCIS Form I-131, Application for Travel Document. See 
Humanitarian or Significant Public Benefit Parole for Individuals 
Outside the United States, at www.uscis.gov/humanitarian/humanitarianpublicbenefitparoleindividualsoutsideUS (last viewed 
Feb. 14, 2023).
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    If USCIS determines that an individual may be eligible for 
parole,\22\ USCIS will authorize parole and issue the necessary travel 
documents to the beneficiary. These travel documents will enable the 
beneficiary to travel to the United States and seek parole from U.S. 
Customs and Border Protection (CBP) at a U.S. port of entry to join 
parent(s) or legal guardian(s).
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    \22\ 8 U.S.C. 1182(d)(5)(A); 8 CFR 212.5.
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    In 2016, DHS and State expanded the CAM Program to allow for 
additional categories of family members to be eligible to be considered 
for USRAP access and potential refugee status or parole, also on a 
case-by-case basis,\23\ including: (1) a biological parent of a 
qualifying child who is not legally married to the qualifying parent 
and lives in the same household as the qualifying child and is part of 
the same economic unit; (2) a primary caregiver of the qualifying child 
who does not qualify as a legal or biological parent and is related to 
either the qualifying parent (biologically or by legal marriage) or to 
the qualifying child (through a biological, step, or adoptive 
relationship); and (3) the qualifying parent's married and/or age 21 or 
older children. Individuals under these expanded categories are 
eligible to gain access to the USRAP only in connection with a 
qualifying child.
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    \23\ U.S. Department of State, Expansion of the Central American 
Minors (CAM) Program--Fact Sheet (Nov. 15, 2016), available at: 
https://2009-2017.state.gov/r/pa/prs/ps/2016/11/264332.htm.
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B. Rescission

    In 2017, USCIS stopped considering parole in CAM Program cases 
pursuant to directives in E.O. 13767 that has since been rescinded.\24\ 
On August 16, 2017, DHS published a Federal Register Notice (FRN) 
announcing the termination of the parole component of the CAM Program 
and rescinded conditional parole approvals for CAM Program 
beneficiaries who had not yet completed travel to the United 
States.\25\ DHS predicated the 2017 termination of parole for CAM on a 
``discretionary

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change in policy'' with respect to how it utilized ``the Secretary's 
discretionary parole authority and the broad authority to administer 
the immigration laws.'' \26\ Although DHS terminated the parole 
component of the CAM Program, the FRN did not impact the process for 
requesting access to USRAP or obtaining refugee status under the CAM 
Program. However, the annual Report to Congress on Proposed Refugee 
Admissions for FY 2018 noted that the CAM Program would be phased out 
citing low refugee approval rates and on November 10, 2017, State 
stopped accepting new submissions for USRAP access through the CAM 
Program. On January 31, 2018, USCIS stopped interviewing new refugee 
cases that accessed USRAP through the CAM Program altogether. 
Applicants who had already been interviewed and qualified for refugee 
status were allowed to continue processing and seek admission into the 
United States as refugees. Under a court order and related settlement 
agreement reached over litigation regarding the termination of the 
parole component of the CAM Program, USCIS also agreed to continue 
processing cases for individuals who received a conditional parole 
approval notice prior to receiving rescission notices following the 
termination of the parole component of the CAM Program.\27\
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    \24\ Border Security and Immigration Enforcement Improvements, 
E.O. 13767 of January 25, 2017, 82 FR 8793 (Jan. 30, 2017); revoked 
by Creating a Comprehensive Regional Framework to Address the Causes 
of Migration, To Manage Migration Throughout North and Central 
America, and To Provide Safe and Orderly Processing of Asylum 
Seekers at the United States Border, E.O. 14010 of February 2, 2021, 
86 FR 8267 (Feb. 5, 2021).
    \25\ Termination of the Central American Minors Parole Program, 
82 FR 38926 (Aug. 16, 2017) (available at: https://www.federalregister.gov/documents/2017/08/16/2017-16828/termination-of-the-central-american-minors-parole-program).
    \26\ Termination of the Central American Minors Parole Program, 
82 FR 38926 (Aug. 16, 2017) (available at: https://www.federalregister.gov/documents/2017/08/16/2017-16828/termination-of-the-central-american-minors-parole-program).
    \27\ Under the Final Judgment and Order for Permanent Injunction 
in S.A. v. Trump, No. 3:18-cv-03539-LB (N.D. Cal.) issued on May 17, 
2019, and related settlement agreement, DHS is required to continue 
to process the approximately 2,700 individuals who had been issued 
conditional approval notices but then received rescission notices at 
the time of the Program's termination, under the policies and 
procedures that it had in place prior to the termination.
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C. Reinstatement

    On February 2, 2021, E.O. 14010 announced the implementation of a 
multi-pronged approach toward managing migration throughout North and 
Central America and directed the Secretary of Homeland Security and 
Secretary of State to ``consider initiating appropriate actions to 
reinstitute and improve upon'' the CAM Program.\28\ In accordance with 
E.O. 14010, USCIS and State re-examined the previous decision to 
terminate the CAM parole process as an additional mechanism for 
creating and expanding lawful pathways for migrants to enter the United 
States and seek protection. The re-examination also considered that, as 
a child protection and stability measure, the CAM Program could be 
improved upon by expanding eligibility to request USRAP access and by 
adjusting the duration of parole to provide additional time to pursue 
immigration status.
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    \28\ E.O. 14010, Creating a Comprehensive Regional Framework To 
Address the Causes of Migration, To Manage Migration Throughout 
North and Central America, and To Provide Safe and Orderly 
Processing of Asylum Seekers at the United States Border, sec. 
3(b)(i), 86 FR 8267 (Feb. 2, 2021).
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    On February 12, 2021, State submitted a report, including on the 
CAM Program, to Congressional committees and conducted appropriate 
consultations regarding the President's proposal to increase refugee 
admissions for Fiscal Year 2021 due to an unforeseen refugee situation 
around the globe. On March 10, 2021, DHS and State publicly announced 
the reopening of the CAM Program in two phases.\29\ Phase One began in 
March 2021 and focused on reopening and processing eligible cases that 
were closed without having received a refugee interview before CAM 
interviewing ceased on January 31, 2018. On June 15, 2021, DHS and 
State jointly announced the details of Phase Two of the reopening,\30\ 
which included expanding eligibility to request USRAP access for their 
children and certain other qualifying relatives to: (i) legal 
guardians, in addition to parents, who are in the United States in 
certain immigration categories; and (ii) U.S.-based parents and legal 
guardians who have a pending asylum application or a pending petition 
for U nonimmigrant status \31\ filed before May 15, 2021. The reopening 
of the CAM Program also included providing children with parole 
additional time to pursue immigration status by providing parole for a 
three-year period, rather than the previous two-year parole period. 
Beneficiaries of parole may also continue, as before, to individually 
request re-parole, where re-parole would generally continue to serve 
the underlying significant public benefit and/or urgent humanitarian 
reasons that existed at the time of their initial parole determination.
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    \29\ Restarting the Central American Minors Program, U.S. 
Department of State, (Mar. 10, 2021), available at: https://www.state.gov/restarting-the-central-american-minors-program/.
    \30\ Joint Statement by the U.S. Department of Homeland Security 
and U.S. Department of State on the Expansion of Access to the 
Central American Minors Program (June 15, 2021), available at: 
https://www.dhs.gov/news/2021/06/15/joint-statement-us-department-homeland-security-and-us-department-state-expansion.
    \31\ U nonimmigrant status (U visa) is available to certain 
victims of qualifying crimes who have suffered mental or physical 
abuse and are helpful to law enforcement or government officials in 
the investigation or prosecution of criminal activity. INA sec. 
101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U); 8 CFR 214.14.
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    DHS acknowledges that the reinstatement of the CAM Program in 2021 
and the look afresh at the process being announced in this notice are a 
departure from the decision to terminate the CAM parole process 
announced in the Federal Register in 2017.\32\ DHS has changed its 
position and has initiated these actions to reinstitute and improve 
upon the CAM parole process after examining the termination as directed 
by E.O. 14010. Further, this change is permissible under the statute, 
and as explained in the remainder of this notice, DHS has good reasons 
for the change in policy and has decided that reinstating and improving 
the CAM parole process is a better choice than not doing so. The 2017 
termination was a discretionary change in policy, and the decision to 
reinstate the CAM parole process and announce the changes in this FRN 
is not factually inconsistent or contradictory to the factual findings 
in the 2017 termination notice. Finally, DHS has made an effort to 
identify any reliance interests of the parties affected by this Notice 
and has determined that the 2017 termination did not result in any 
reliance interests inuring to the affected parties. The CAM parole 
process does not result in the entry of a child who will rely on state, 
or local governments; generally, under the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (PRWORA), ``qualified 
aliens'' are eligible for Federal means-tested benefits after 5 years, 
are not eligible for ``specified federal programs,'' and states are 
allowed to determine whether the qualified alien is eligible for 
``designated federal programs.'' Individuals who are paroled for more 
than a year, such as CAM parolees, are qualified aliens subject to that 
5-year waiting period. And many state services are generally funded by 
fees that the CAM parolee would pay.\33\ To the extent that there may 
be reliance interests associated with not restarting the CAM parole 
process that may have attached to other affected parties, DHS 
ultimately concludes that the other interests and policy concerns 
described in this document outweigh those interests.
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    \32\ 82 FR 38926.
    \33\ See, e.g., https://www.dps.texas.gov/section/driver-license/driver-license-fees (last viewed February 15, 2023).
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D. Expansion and Enhancements
    DHS and State have continued to evaluate the role of the CAM 
Program as a protection and stability strategy for children, and in 
light of the Administration's larger migration strategy, including its 
efforts to reduce

[[Page 21698]]

irregular migration, to cut out the role of smugglers, and to promote 
family unity. The Departments have concluded that further program 
improvements will help achieve all of these goals, as well as those 
laid out in E.O. 14010: to increase lawful pathways to the United 
States, discourage irregular migration, and promote family unity.

USRAP Authority and Procedures

    State, through PRM, has overall responsibility for management of 
the USRAP in close coordination with DHS' USCIS and the Department of 
Health and Human Services' Office of Refugee Resettlement. According to 
section 207(a)(3) of the Immigration and Nationality Act (INA), 
``admissions shall be allocated among refugees of special humanitarian 
concern to the United States in accordance with a determination made by 
the President after appropriate consultation.\34\ Individuals of 
special concern for consideration for potential refugee resettlement 
are determined through the USRAP priority system (note: in the context 
of USRAP, the term ``priority'' refers only to how an individual or 
group gains access to the program and does not establish any priority 
over other types of cases):
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    \34\ INA sec. 207(d)(1) and (e): with respect to the admission 
of refugees and allocation of refugee admissions, discussions in 
person by designated Cabinet-level representatives of the President 
with members of the Committees on the Judiciary of the Senate and of 
the House of Representatives to review the refugee situation or 
emergency refugee situation, to project the extent of possible 
participation of the United States therein, to discuss the reasons 
for believing that the proposed admission of refugees is justified 
by humanitarian concerns or grave humanitarian concerns or is 
otherwise in the national interest, and to provide such members with 
the following information: (1) A description of the nature of the 
refugee situation; (2) A description of the number and allocation of 
the refugees to be admitted and an analysis of conditions within the 
countries from which they came; (3) A description of the proposed 
plans for their movement and resettlement and the estimated cost of 
their movement and resettlement; (4) An analysis of the anticipated 
social, economic, and demographic impact of their admission to the 
United States; (5) A description of the extent to which other 
countries will admit and assist in the resettlement of such 
refugees; (6) An analysis of the impact of the participation of the 
United States in the resettlement of such refugees on the foreign 
policy interests of the United States; and (7) Such additional 
information as may be appropriate or requested by such members.
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    Priority 1: Cases referred by designated entities, such as the 
United Nations Refugee Agency, by virtue of their circumstances and 
apparent need for resettlement;
    Priority 2: Groups of special concern designated by the Department 
of State as having access to the program by virtue of their 
circumstances and apparent need for resettlement;
    Priority 3: Cases granted access for purposes of family 
reunification.
    The Reports to Congress on Proposed Refugee Admissions for Fiscal 
Years 2015, 2016, 2017 and the February 12, 2021, Report to Congress on 
the Proposed Emergency Determination on Refugee Admissions for Fiscal 
Year 2021 each included a direct-access Priority 2 designation for 
certain lawfully present parents in the United States to request USRAP 
access for their unmarried children in El Salvador, Guatemala, or 
Honduras. The subsequent Report to Congress for Proposed Refugee 
Admissions for Fiscal Year 2022 expanded upon this language and 
extended eligibility for those who can request USRAP access to include 
legal guardians (in addition to parents) pursuant to any of the 
previous categories of qualifying lawful presence, as well as to 
parents and legal guardians with pending asylum applications or pending 
U visa petitions filed prior to May 15, 2021. It is important to note 
that USRAP access by means of the above priority systems in no way 
implies or guarantees that an applicant will ultimately be resettled as 
a refugee in the United States. That decision will be made by a USCIS 
officer who will interview and adjudicate the individual claim 
consistent with the requirements of the INA.

Parole Authority

    The Immigration and Nationality Act (INA or Act) provides the 
Secretary of Homeland Security with the discretionary authority to 
parole noncitizens ``into the United States temporarily under such 
conditions as [the Secretary] may prescribe only on a case-by-case 
basis for urgent humanitarian reasons or significant public benefit.'' 
\35\ Parole is not an admission of the individual to the United 
States.\36\ A parolee remains an ``applicant for admission'' during the 
period of parole in the United States.\37\ DHS may set the duration of 
the parole based on the purpose for granting the parole request.\38\ 
DHS may terminate parole in its discretion at any time.\39\ Individuals 
who are paroled into the United States generally may apply for 
employment authorization.\40\
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    \35\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6 
U.S.C. 202(4) (charging the Secretary with the responsibility for 
``[e]stablishing and administering rules . . . governing the 
granting of visas or other forms of permission, including parole, to 
enter the United States to'' noncitizens and individuals who are not 
``lawfully admitted for permanent residence in the United States'').
    \36\ INA secs. 101(a)(13)(B), 212(d)(5)(A); 8 U.S.C. 
1101(a)(13)(B), 1182(d)(5)(A).
    \37\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see 8 CFR 
1.2 (defining ``arriving alien''), 1001.1(q) (same).
    \38\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A).
    \39\ 8 CFR 212.5(e).
    \40\ 8 CFR 274a.12(c)(11). Also, although individuals who are 
paroled for a period of one year or more are considered to be 
``qualified aliens'' for purposes of eligibility for certain federal 
public benefits, they, like most ``qualified aliens,'' are precluded 
from receiving most federal means-tested public benefits for a 
period of five years. 8 U.S.C. 1641(b)(4).
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    Under the enhanced parole component of the CAM Program, the 
Secretary of Homeland Security will exercise, on a case-by-case basis, 
this discretionary parole authority to determine whether certain 
qualified children who are nationals of El Salvador, Guatemala, and 
Honduras, as well as certain family members of those children, may join 
their qualifying parents or legal guardians in the United States for a 
temporary period of three years.\41\
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    \41\ Although section 1182(d)(5) (INA 212(d)(5)) continues to 
refer to the Attorney General, those references are now understood 
to refer to the Secretary of Homeland Security. Parole authority was 
transferred to the Secretary of Homeland Security under the Homeland 
Security Act of 2002, Public Law 107-296, 116 Stat. 2135. 6 U.S.C. 
557; see Clark v. Martinez, 543 U.S. 371, 374 n.1 (2005). USCIS may 
exercise the Secretary of Homeland Security's parole authority under 
section 1182(d)(5) of the INA with respect to certain noncitizens 
located outside the United States.
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    Consistent with prior implementation of the CAM Program, each 
parole request will be considered on its own merit, on a case-by-case 
basis, consistent with the statute, regulations, and applicable 
guidance to determine whether there is a significant public benefit or 
urgent humanitarian reason for the parole and whether under the 
totality of the circumstances the individual warrants a favorable 
exercise of discretion, taking into account all positive and negative 
factors.
    A three-year parole period is consistent with other family 
reunification parole processes, such as the Filipino World War II 
Veterans Parole Program,\42\ Haitian Family Reunification Parole 
Program,\43\ and DHS's Family Reunification Task Force parole 
policy.\44\ When established in 2014, the parole component of the CAM 
Program provided for a two-year period of parole. Upon further 
consideration of the safety and stability needs for children, DHS 
expanded the parole period to three years in July 2021. A three-year 
period of parole is appropriate for CAM parolees, for the following 
reasons:
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    \42\ 81 FR 28097 (May 9, 2016).
    \43\ 79 FR 75581 (Dec. 18, 2014).
    \44\ See https://www.dhs.gov/family-reunification-task-force.
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    First, the period of parole needs to be sufficiently long to make 
it a preferable

[[Page 21699]]

alternative to the status quo, in which smugglers are responsible for 
the lives of child migrants entering the United States irregularly. 
While a two-year parole period may be sufficient to meet the 
significant public benefit or urgent humanitarian need in some parole 
processes, consideration of additional factors relevant to child 
migrants weighs in favor of three years, as children, and their 
parents, need stability. A three-year period of parole provides 
children a meaningful opportunity to reunite with their parents or 
legal guardians and stabilize that relationship, while a shorter period 
of parole would unnecessarily increase uncertainty for children, which 
can disrupt a child's emotional and educational development. In 
addition, DHS also recognizes that children may require more time than 
adults to seek humanitarian relief or other immigration benefits for 
which they may be eligible, given the heightened impact that trauma and 
separation from family can have on children. DHS thus believes that a 
parole period of three years balances these considerations and is 
sufficient to encourage potential beneficiaries to seek to utilize the 
CAM Program to reunify safely and lawfully rather than migrating 
irregularly.
    Second, a three-year parole period provides sufficient time for a 
parent or legal guardian who is pursuing or has acquired a lawful 
immigration status to seek derivative immigration status for their 
children paroled into the United States through the CAM Program. This 
is critical; it helps ensure that children can benefit from derivative 
status for which they may ultimately be eligible.
    Unlike any other parole processes, the parole component of the CAM 
Program is intended specifically and primarily as a lawful pathway for 
children to enter the United States and reunite with family members. 
While adults may be paroled into the United States through the parole 
component of the CAM Program, that is only permitted if they relate to 
a qualifying child. Therefore, the duration of the parole period should 
be tailored to the needs of the children expected to be the main 
participants in the process.

Justification and Reasoning

    As noted above, each parole determination in this process will be 
made on an individualized, case-by-case basis to determine whether 
urgent humanitarian reasons or a significant public benefit exists to 
authorize parole, and whether each individual merits a favorable 
exercise of discretion. Several common factors listed below are likely 
to support findings of urgent humanitarian reasons or significant 
public benefit for the CAM population and will be considered in CAM 
parole adjudications.

Support Family Unity

    Consistent with the goal of promoting family unity, as laid out in 
section 3(b)(ii) of E.O. 14010, the parole component of the CAM Program 
serves a significant public benefit by providing a safe, lawful, and 
orderly pathway for children to reunite with parents and legal 
guardians on a case-by-case basis. Parents or legal guardians who are 
granted certain immigration benefits may petition for their children to 
receive immigrant visas, but those processes take time and may include 
a lengthy wait for visa availability. Children whose parents or legal 
guardians have pending applications or petitions for immigration 
benefits, such as a U petition or asylum, may have even longer waits--
even if the parents or legal guardians have viable protection claims--
during which time the family unit is often separated. The CAM parole 
process allows eligible children, and certain other family members, to 
reunify in the United States for a set period of time with the 
qualifying parent or legal guardian who is already in a qualifying 
immigration category or who has a pending application for lawful 
status--thus promoting family unity and protecting against prolonged 
separations.
    By facilitating more timely, orderly, and safe family 
reunification, the CAM parole process improves the well-being of these 
families. Additionally, by facilitating such reunification temporarily 
through a safe, legal, and orderly pathway, it promotes the integration 
of CAM arrivals by incorporating them into networks already built by 
family members who have been legally living in the United States. This, 
in turn, provides families an opportunity to have stable financial 
foundations, housing and transportation, and school and childcare 
options. The CAM Program will facilitate the ability for parents, legal 
guardians, and beneficiaries to engage in these activities, allowing 
them to better integrate into the community and strengthen family 
ties.\45\
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    \45\ Providing this alternative lawful pathway to the United 
States is consistent with family-based immigration to the United 
States, such as the ability of U.S. citizens and lawful permanent 
residents to petition for certain relatives to be admitted to the 
United States as lawful permanent residents. See INA sec. 
204(a)(1)(A)-(D). Permitting a broader set of noncitizens present in 
the United States to file an AOR so that their children may be 
considered for refugee status and, if not eligible, for parole, is 
consistent with the limitations Congress has established with 
respect to family-based immigration pathways. See INA secs. 
201(b)(2), (c); 202; 203(a). As stated above, unlike lawful 
permanent residence, parole is not an immigration status. It is 
temporary by nature, does not allow for derivative benefits for 
family members (although certain qualifying family members of the 
CAM program participants may be considered for parole on their own 
merit), and does not provide a pathway to citizenship. Because 
parole is not comparable to lawful permanent resident status, CAM 
parole does not expand upon or change Congress' determinations as to 
who can sponsor certain relatives for a permanent immigration status 
in the United States.
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Provide a Safe, Lawful, and Orderly Alternative to Irregular Migration

    Providing a safe, lawful, and orderly way for minors to reunite 
with their parents or guardians, serves a significant public benefit by 
helping to reduce the number of individuals who undertake irregular and 
unsafe migration in the absence of a viable alternative. While the USG 
works to address the root causes of irregular migration, the enhanced 
CAM Program will complement existing lawful alternatives to irregular 
migration.
    In recent years, the deteriorating humanitarian situation in NCA 
countries has driven an increasing number of people to migrate to the 
United States. In the past several years, emigration from NCA countries 
has accounted for a significant proportion of individuals seeking to 
irregularly migrate to the United States. In FY 2021, irregular 
migrants from NCA countries constituted 40 percent of all individuals 
encountered at the SWB.\46\ Economic insecurity, food insecurity, 
climate change, gang violence, corruption, and sexual, gender-based, 
and domestic violence, coupled with the desire to reunite with family 
members already in the United States, are driving child migrants from 
NCA countries to the United States.\47\ A joint report by the United 
Nations Children's Fund (UNICEF) and the United Nations Refugee Agency 
(UNHCR) published in December 2020 noted that families in NCA countries 
reported an increased vulnerability to persecution following the onset 
of the COVID pandemic.\48\ The

[[Page 21700]]

report also found that, of children interviewed who traveled without 
accompanying family members, violence was a central reason for their 
displacement.\49\ Without an alternative, instability and uncertainty 
in their home countries, combined with their desire to reunify with 
family in the United States after prolonged separation, may fuel the 
desire for children to undertake irregular and unsafe migration.
---------------------------------------------------------------------------

    \46\ Southwest Land Border Encounters, U.S. Customs and Border 
Protection, available at: https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters (last modified Aug. 3, 2022).
    \47\ Central America's Turbulent Northern Triangle, Council on 
Foreign Relations, available at: https://www.cfr.org/backgrounder/central-americas-turbulent-northern-triangle (last updated July 1, 
2021); U.S. Strategy for Addressing the Root Causes of Migration in 
Central America, National Security Council (July 2021), available 
at: https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf.
    \48\ Report: Families on the Run; UNHCR and UNICEF, available 
at: https://familiesontherun.org.
    \49\ Report: Families on the Run; UNHCR and UNICEF, available 
at: https://familiesontherun.org.
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    Therefore, the Administration anticipates that children in the CAM 
Program's eligible population may, when facing no alternative, seek 
reunification through irregular migration. Indeed, in the course of 
resuming to process certain CAM parole cases under the S.A. v. Trump 
Final Judgment and Order for Permanent Injunction agreement and related 
settlement agreement, DHS learned that a significant number of CAM 
parole beneficiaries whose conditional approvals of parole had been 
rescinded in 2017 had already found their way to the United States to 
reunify with their parents, doing so via irregular--and likely 
dangerous--means. DHS has also encountered other groups of individuals 
who may, when facing no alternative, seek family reunification through 
irregular migration. For example, DHS has encountered individuals with 
approved family-based immigrant visa petitions who nonetheless 
determined they could not wait for an immigrant visa to become 
immediately available before traveling to the United States.

Protecting Children From Smuggling Networks

    The CAM Program, including the CAM parole process, serves a 
significant public benefit by providing a safe, orderly, and lawful 
alternative for qualifying children and family members who might 
otherwise be subject to exploitation at the hands of smuggling 
networks, in a quest to be reunited with family in the United States.
    Transnational criminal organizations (TCOs) engaged in human 
smuggling along the route from the NCA to the United States earn 
hundreds of millions to billions of dollars each year from smuggling 
activities associated with irregular migration.\50\ TCOs exploit 
irregular migration for financial gain, either by charging migrants to 
cross their territory, forcing migrants to carry contraband as they 
cross the SWB between POEs, or forcing and coercing migrants into sex 
or labor trafficking. Child and adolescent migrants are particularly 
vulnerable to human trafficking and other severe forms of harm, 
particularly while traveling alone or having been separated from their 
families.\51\ Once in the United States, children who entered the 
country via irregular migratory routes are at higher risk of 
exploitation than those who entered through regular pathways.\52\
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    \50\ Human Smuggling and Associated Revenues: What Do or Can We 
Know About Routes from Central America to the United States, 
Homeland Security Operational Analysis Center (2019), available at: 
https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2852/RAND_RR2852.pdf.
    \51\ Migrants and Their Vulnerability to Human Trafficking, 
Modern Slavery and Forced Labor, Minderoo Foundation's Walk Free 
initiative and the International Organization for Migration, 
accessible at: https://publications.iom.int/system/files/pdf/migrants_and_their_vulnerability.pdf.
    \52\ Migrants and Their Vulnerability to Human Trafficking, 
Modern Slavery and Forced Labor, Minderoo Foundation's Walk Free 
initiative and the International Organization for Migration, 
available at: https://publications.iom.int/system/files/pdf/migrants_and_their_vulnerability.pdf.
---------------------------------------------------------------------------

    By providing a safe, orderly, and lawful alternative to irregular 
migratory routes that funnel money into the hands of TCOs, the 
continued implementation and expansion of the CAM Program, including 
the CAM parole process, serves a significant public benefit, thereby 
supporting the USG's longstanding commitment to anti-trafficking 
efforts.\53\
---------------------------------------------------------------------------

    \53\ National Action Plan to Combat Human Trafficking (Dec. 
2021), available at: https://www.whitehouse.gov/wp-content/uploads/2021/12/National-Action-Plan-to-Combat-Human-Trafficking.pdf; White 
House Briefing Room, Fact Sheet: The National Action Plan to Combat 
Human Trafficking (Dec. 3, 2021) (``As we continue to address the 
acute and long-term drivers of irregular migration, we must ensure 
our legal immigration pathways provide safe alternatives.''), 
available at: https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/03/fact-sheet-the-national-action-plan-to-combat-human-trafficking-nap/.
---------------------------------------------------------------------------

Reduce Strain on Limited U.S. Resources at the Southwest Border

    Increases in irregular migration from NCA countries have strained 
DHS' processing and holding capacity at the SWB. In response to 
increases in irregular migration, DHS has taken a series of actions. 
Largely since FY 2021, DHS has built and now operates 10 soft-sided 
processing facilities. CBP obligated $669.3 million to stand up, 
sustain, and operate these facilities in FY 2022. It has detailed 3,770 
officers and agents from CBP and U.S. Immigration and Customs 
Enforcement (ICE) to the SWB. In FY 2022, DHS had to utilize its above 
threshold reprogramming authority to identify approximately $281 
million from elsewhere in the Department to address SWB needs, to 
include facilities, transportation, medical care, and personnel costs. 
The Federal Emergency Management Agency has spent $260 million in FY 
2021 and FY 2022 on grants to non-governmental organizations and state 
and local entities through the Emergency Food and Shelter Program--
Humanitarian to assist with the reception and onward travel of 
irregular migrants arriving at the SWB. This spending is in addition to 
$1.4 billion in FY 2022 appropriations that were designated SWB 
enforcement and processing capacities.\54\
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    \54\ DHS Plan for Southwest Border Security and Preparedness, 
DHS Memorandum for Interested Parties, Alejandro N. Mayorkas, 
Secretary of Homeland Security (Apr. 26, 2022), available at: 
https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf.
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    In FY 2021, DHS encountered a significant number of UC and 
dedicated a significant number of resources to respond to the surge. In 
partnership with the U.S. Department of Health and Human Services 
(HHS), DHS took steps to identify and create significant efficiencies 
processing UC at the SWB. Among other things, DHS assisted HHS to 
significantly expand its emergency influx shelter capacity; established 
an interagency Movement Coordination Cell to streamline operations in 
support of the timely transfer of UC from DHS to HHS custody; provided 
hundreds of USCIS officers to help interview and vet potential 
sponsors; and activated the DHS volunteer workforce, through which 
approximately 300-400 volunteers across the country assisted CBP and 
HHS with oversight and logistics at any given time.
    While this whole-of-government effort led to processing UC more 
efficiently, the number of UC encounters from NCA countries has 
continued to increase and place a significant toll on USG resources. In 
all cases, UC must be held separately from adults and cared for by CBP 
officials while awaiting transfers to the Office of Refugee 
Resettlement (ORR). CBP must interview each child, attempt to contact 
the child's parents, and create a record of referral for HHS, which 
must be quite detailed and requires significant resources to 
create.\55\ ICE generates Notices to

[[Page 21701]]

Appear and must assign the child to a juvenile coordinator. Once the 
child is in HHS custody, ORR grantees and contractors provide housing, 
education, medical care, and counseling services while staff work with 
potential sponsors who are typically parents, legal guardians, or other 
relatives to complete necessary paperwork and vetting before the 
sponsor can be approved and a child is released to the proposed 
sponsor. Ultimately, nearly 40 percent of UC from CAM countries are 
processed and released by HHS to their parents or legal guardians.
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    \55\ ORR requests the following information from the referring 
agency: (1) How the referring agency made the determination that the 
minor is a UC; (2) Health related information including, but not 
limited to, if the UC is pregnant or parenting and whether there are 
any known physical or mental health concerns; (3) Whether the child 
has any medication or prescription information, including how many 
days' supply of the medication will be provided with the child or 
youth when transferred into ORR custody; (4) Biographical and 
biometric information, such as name, gender, alien number, date of 
birth, country of birth and nationality, date(s) of entry and 
apprehension, place of entry and apprehension, manner of entry, and 
the UC's current location; (5) Any information concerning whether 
the child or youth is a victim of trafficking or other crimes; (6) 
Whether the UC was apprehended with a sibling or other relative; (7) 
Identifying information and contact information for a parent, legal 
guardian, or other related adult providing care for the child or 
youth prior to apprehension, if known; (8) If the UC was apprehended 
in transit to a final destination, what the final destination was 
and who the child or youth planned to meet or live with at that 
destination, if known; (8) Whether the UC is an escape risk, and if 
so, the escape risk indicators; (9) Any information on a history of 
violence, juvenile or criminal background, or gang involvement known 
or suspected, risk of danger to self or others, State court 
proceedings, and probation; and (10) Any special needs or other 
information that would affect the care and placement for the child 
or youth. ORR Unaccompanied Children Program Policy Guide, available 
at: https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide-section-1#1.3.
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    Resettling as a refugee or paroling a child and their eligible 
family members through the CAM Program, on a case-by-basis, serves a 
significant public benefit because it is significantly less resource-
intensive than processing an unaccompanied minor encountered at or near 
the border, who is subject to resource-intensive processing and care by 
a combination of CBP, ICE, and HHS' Office of Refugee Resettlement 
(ORR). While processing requests for access to the USRAP via the CAM 
Program, including refugee claims and review for parole on a case-by-
case basis, draws on State as well as DHS resources within USCIS and 
CBP, this work involves different parts of DHS and requires fewer 
resources as compared to processing inadmissible noncitizens 
encountered at or near the SWB. Ultimately, the CAM Program provides a 
safe, legal, and streamlined alternative to irregular migration, and 
can reunite these children with their families without the cost and 
strain associated with the care, custody, and processing of UC 
encountered at the SWB.

Foreign Affairs Considerations

    Promoting a safe, orderly, legal, and humane migration strategy 
throughout the Western Hemisphere has been a top foreign policy 
priority for the Administration. This is reflected in three policy-
setting documents mentioned above that call for a comprehensive, 
regional approach to migration: the Root Causes Strategy, the CMMS, and 
the Los Angeles Declaration.
    The Root Causes Strategy identifies factors leading to irregular 
migration and states the importance of discouraging irregular migration 
and providing opportunities for youth to feel connected to their 
families and local communities. Its long-term implementation plan 
includes regional collaboration to ``safely and humanely manage 
migration.'' \56\ The CMMS shares similarly aligned strategies to 
``strengthen cooperative efforts to manage safe, orderly, and humane 
migration,'' and it identifies goals that include addressing 
humanitarian needs and enhancing access to legal migration pathways 
when individuals need to migrate for safety or stability. The CMMS 
acknowledges that the humanitarian situation in NCA countries demands 
an immediate response in addition to more long-term approaches, and its 
strategy includes restarting and continuously considering of ways to 
expand the CAM Program.\57\
---------------------------------------------------------------------------

    \56\ U.S. Strategy for Addressing the Root Causes of Migration 
in Central America, available at: https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf.
    \57\ Collaborative Migration Management Strategy, available at: 
https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery.
---------------------------------------------------------------------------

    The Los Angeles Declaration specifically lays out the goal of 
collectively ``expand[ing] access to regular pathways for migrants and 
refugees.'' \58\ Countries that have endorsed the Los Angeles 
Declaration are committed to implementing programs and policies to 
promote stability and assistance for communities of destination, 
origin, transit, and return. These countries commit to respect and 
ensure the human rights of all migrants and persons in need of 
international protection, taking actions to stop migrant smuggling by 
targeting the criminals involved in these activities, and providing 
increased regular pathways and protections for migrants residing in or 
transiting through countries in the Western Hemisphere. As stated 
above, these commitments include that of the Administration to increase 
refugee resettlement from the Americas to the United States by up to as 
many as 20,000 over the course of Fiscal Years 2023 and 2024.
---------------------------------------------------------------------------

    \58\ Los Angeles Declaration on Migration and Protection, 
available at: https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
---------------------------------------------------------------------------

    The CAM Program, including the CAM parole process, serves a 
significant public benefit because it helps achieve the goals of these 
three documents by providing a lawful pathway for certain eligible 
minors and their family members to safely, orderly, and humanely enter 
the United States as refugees or parolees rather than taking a 
dangerous irregular journey.

Process Improvements and Updates

    In 2021, the CAM Program was reopened as part of a ``comprehensive 
regional migration management strategy.'' \59\ The CAM Program reopened 
in two phases and aimed to reinstitute and improve upon the previous 
versions.\60\ The first phase focused on processing eligible 
applications that were suspended and closed in 2017, and the second 
phase allowed for new applications and expanded access through 
eligibility requirements. The opportunity now exists to introduce 
enhancements to further unify families and protect children from the 
dangers of irregular migration.
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    \59\ Restarting the Central American Minors Program, U.S. 
Department of State (Mar. 10, 2021), available at: https://www.state.gov/restarting-the-central-american-minors-program/.
    \60\ Restarting the Central American Minors Program, U.S. 
Department of State (Mar. 10, 2021), available at: https://www.state.gov/restarting-the-central-american-minors-program/.
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    The following changes better support the CAM Program:

1. New Procedures for USCIS Parole Determinations for CAM (Under 18)

    USCIS is instituting new procedures regarding certain minor 
children issued a travel document under the CAM parole process that 
enables the beneficiary to travel to the United States and seek parole 
from CBP at a U.S. port of entry.
    This FRN notifies the public that, in certain limited cases where 
the qualifying individual, such as a stepparent, who filed the AOR for 
a minor child is not that child's biological or adoptive parent or 
legal guardian, USCIS will, if needed, gather additional information to 
evaluate whether the child has a biological or adoptive parent or legal 
guardian in the United States, to verify that individual's relationship 
to the child, and to confirm their intention to remain available in the 
United States to provide for the child's care and physical custody if 
the child

[[Page 21702]]

were paroled into the United States. USCIS will share this information 
with CBP as part of CAM parole processing in these limited cases. 
Absent new information or circumstances, CBP may rely upon the 
information gathered by USCIS about the biological or adoptive parent's 
or legal guardian's availability to provide for the child's care and 
physical custody in the United States. This will advance the program's 
goal of reuniting these children with their families by facilitating 
direct reunification of minor beneficiaries with their U.S.-based 
relatives in all appropriate instances.

2. Ensuring Fairness for Those Impacted by 2017 Policy Actions

    Phase one of the reopening of the CAM Program in 2021 focused on 
applications that were suspended or closed without an interview when 
the program was terminated. However, Phase One did not include all CAM 
Program AORs for which: USCIS interviewed before February 2018, 
considered eligibility for refugee status, and either refrained from 
assessing parole eligibility or did not issue a Form I-512L, 
Authorization for Parole of an Alien into the United States, due to 
policy decisions in response to directives in the since-revoked E.O. 
13767.\61\ USCIS is committed to exercising its discretion to ensure 
fairness for this group of children and their qualifying family members 
who were not afforded a parole determination or an opportunity to 
complete parole processing. As a result, they will now be able to 
pursue parole as a beneficiary of the CAM Program. USCIS will verify 
eligibility, issue requests for evidence and interview notices if 
necessary, and determine parole on a case-by-case basis.
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    \61\ E.O. 13767 stated that ``T[t]he Secretary shall 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.'' However, at no point did the 
Secretary determine that the CAM parole program was inconsistent 
with or an improper use of this parole authority.
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3. Evidence of Financial Support

    In the past, at the time of AOR submission, domestic resettlement 
agencies collected Form I-134, Affidavit of Support, from qualifying 
parents or legal guardians who filed AORs that included certain 
categories of add-on family members, in the event that those 
individuals were ultimately found ineligible for refugee status and 
recommended for parole. Ongoing processing efficiency reviews concluded 
that the submission of the I-134 at the time of AOR submission slowed 
intake and created delays. For that reason, in April 2022, the USG 
decided that the Form I-134, now called the Declaration of Financial 
Support, would only be requested at the point that an individual was 
denied refugee status and subsequently considered for parole. This 
change immediately improved AOR intake capacity, but the Form I-134 
continues to create confusion for program participants, leading to 
delays in processing as families gather documentation of sufficient 
income or financial resources to complete the form, which is only in 
English. Collection of the Form I-134, however, is not the sole means 
of providing evidence of sufficient financial support during the parole 
period. Therefore, to improve operational efficiency for initial CAM 
parole considerations where evidence of financial support is required, 
USCIS will allow financial supporters to provide a sworn statement as 
an alternative to completing Form I-134, and USCIS may request 
supporting documentation as needed. (Applications for re-parole under 
CAM for beneficiaries already in the United States are separate from 
CAM parole initial processing and will still require a Form I-134 for 
case processing.)

4. Adjusting Eligibility Date and Criteria

    On June 15, 2021, DHS and State jointly announced the second phase 
of the CAM Program reopening, which included extended eligibility to 
request access to the CAM Program as an additional part of a ``multi-
pronged approach to address the challenges of irregular migration 
throughout North and Central America.'' \62\ Eligibility for completing 
AORs to request access to USRAP for their qualifying children was 
extended to parents or legal guardians with pending asylum applications 
or who were victims of crime with pending U visa petitions,\63\ filed 
before May 15, 2021. This eligibility date was established as a cutoff 
to prevent frivolous filings solely for the purpose of gaining access 
to the CAM Program. This date will be updated to extend eligibility to 
qualifying parents and legal guardians with pending applications for 
asylum or U visa petitions filed on or before April 11, 2023. 
Additionally, requestor eligibility will now extend to parents or legal 
guardians with pending applications for T nonimmigrant status \64\ 
filed on or before April 11, 2023. New applications consistent with 
these new dates and categories of eligibility are contingent upon the 
approval of an updated Form DS-7699.
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    \62\ Joint Statement by the U.S. Department of Homeland Security 
and U.S. Department of State on the Expansion of Access to the 
Central American Minors Program (June 15, 2021), available at: 
https://www.dhs.gov/news/2021/06/15/joint-statement-us-department-homeland-security-and-us-department-state-expansion.
    \63\ If parents or legal guardians are successful in their 
cases, they may petition for their children to join them in the 
United States. The CAM Program offers children an option to await 
results with their parents or legal guardians in the United States, 
rather than waiting while separated from them.
    \64\ T nonimmigrant status (T visa) is an immigration benefit 
that enables certain qualifying victims of a severe form of 
trafficking in persons, who generally must assist law enforcement, 
to remain in the United States. INA sec. 101(a)(15)(T); 8 U.S.C. 
1101(a)(15)(T).
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    The previous termination of the CAM Program left many families in 
limbo mid-process, often with unrecoverable expenditures for DNA 
testing and medical exams, and no safe pathway for their children to 
travel to the United States. As a result, families lost trust in the 
CAM Program. With these new procedures, the USG seeks to repair that 
trust and create goodwill. It will also serve the objectives provided 
in the Justification and Reasoning section above to allow more 
individuals access to the CAM Program, while the updated eligibility 
date will limit eligibility to filings already in existence, thereby 
safeguarding against frivolous asylum, U, or T visa applications or 
petitions. Expanding access to the CAM Program in this way and allowing 
victims of human trafficking to also seek reunification with their 
children, will serve a larger segment of a vulnerable population who 
will benefit from this process.\65\
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    \65\ Data suggests that expanding the U visa eligibility date 
may offer CAM Program access to the families of more than 3,000 
minor derivatives, and including pending T visa applicants may 
provide CAM Program access for the families of more than 300 minor 
beneficiaries. The numerical impact of changing the eligibility date 
for pending asylum applicants is less precise to predict, although 
there are tens of thousands of individuals with pending asylum cases 
filed after May 15, 2021 from CAM countries that might have minor 
children and could benefit from the CAM Program.
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Consideration of Alternatives

    The Administration has considered alternative approaches, including 
ending the parole component of the CAM Program, continuing to operate 
it as currently constituted, making some or all of the changes 
described in this notice, or further expanding eligibility as described 
in greater detail below, including the benefits and drawbacks 
associated with each path. As stated throughout this notice, the 
updates to the parole component of the CAM Program with the changes 
announced

[[Page 21703]]

herein provides many more benefits than drawbacks. The Administration 
has determined that the updates to the CAM parole process benefits the 
United States in support of overall U.S. migration management 
strategies. The USG acknowledges that those benefits may be accompanied 
by potential costs, including those that some states may argue they 
incur for schools, social services, health care, driver's licenses, and 
similar services, and the Administration has decided to proceed with 
this notice and its implementation.\66\
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    \66\ Estimating the fiscal effects associated with CAM parole 
would be extremely challenging, especially due to State and local 
governments' control over their budgets. A 2017 National Academies 
of Sciences, Engineering, and Medicine (NAS) Report, authorized by 
an expert panel of immigration economists, canvassed studies of the 
fiscal impacts of immigration as a whole, and it described such 
analysis as extremely challenging and dependent on a range of 
assumptions. The Economic and Fiscal Consequences of Immigration, 
NAS (2017), https://www.nap.edu/catalog/23550/the-economic-and-fiscal-consequences-of-immigration, at 28. The fiscal impacts of CAM 
parole to State and local governments would vary based on a range of 
factors, such as the characteristics of the CAM parolee population 
within a particular jurisdiction at a particular time and local 
economic conditions and local rules governing eligibility for public 
services. These costs will depend on choices made by States and will 
be location specific and, therefore, difficult to quantify let alone 
predict. Moreover, any estimate would also need to account for the 
fact that minors who would migrate irregularly to the United States 
in the absence of the availability of CAM parole would likely also 
incur these costs. DHS also notes the small size of the CAM parolee 
population relative to any given jurisdiction's overall population. 
In short, DHS acknowledges that though CAM parole may result in some 
indirect fiscal effects on State and local governments (both 
positive and negative), such effects would be extremely challenging 
to quantify fully and would vary based on a range of factors, 
including policy choices made by such governments.
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    As mentioned above, on August 16, 2017, the Acting Secretary of 
Homeland Security announced the termination of the parole component of 
the CAM Program through an FRN that characterized the termination as a 
``discretionary change in policy'' to stop automatically considering 
for parole those found ineligible for refugee status under USRAP 
processing, accessed via the CAM Program. In other words, the change 
was the result of a new policy choice, and not a perceived 
inconsistency of the program with the parole statute or regulations.
    When the United States decided to restart the CAM Program in 2021, 
it decided, as a matter of policy, to include an option for case-by-
case consideration for parole for CAM Program beneficiaries. While 
considering subsequent improvements to the CAM Program for this Notice, 
the Administration evaluated several additional provisions. It 
considered whether to remove parole and decided that to meet the goals 
of providing safety and stability for children whose parents and legal 
guardians have immigration status or pending cases in the United 
States, parole needed to remain an option for CAM Program beneficiaries 
for the urgent humanitarian and significant public benefit reasons 
described above. The Administration considered including an advance 
parole provision for CAM parole process beneficiaries in the United 
States that need to depart and seek parole back into the United States. 
It also determined that CAM parole process beneficiaries may apply for 
advance parole in the same manner and under the same eligibility 
criteria as other individuals and additional guidance is not necessary. 
Additionally, the Administration considered expanding eligibility by 
eliminating eligibility dates for pending asylum, T visa, and U visa 
applicants and petitioners, and also considered announcing eligibility 
dates that would take effect at a later date, with a future form 
revision. The Administration has decided on eligibility dates that will 
take immediate effect based on this notice's publication date because 
immediate effectiveness forwards the policy objectives described 
throughout this notice and reserves additional changes for possible 
future revisions or enhancements. Finally, the Administration 
considered expanding the CAM Program to allow additional family members 
to qualify as beneficiaries. It has decided not to expand in this way 
due to challenges in verifying extended family relationships and a 
determination that the current eligible beneficiaries are closely 
connected to children and sufficient to provide the stability and 
support children need.
    The parole component of the CAM Program offers an additional safe, 
lawful, and orderly alternative to irregular migration for the eligible 
population, and promotes family unity. The CAM parole process also 
helps to relieve pressure on the SWB, reduces the strain on U.S. 
Government resources, and saves lives. This enhanced CAM parole process 
may further discourage irregular migration and allow children to safely 
reunite with their families in the United States.
    Additional information about the CAM Program, including the parole 
component, is available on the USCIS website at: www.uscis.gov.

Administrative Procedure Act (APA)

    This process is exempt from notice-and-comment rulemaking and 
delayed effective date requirements on multiple grounds and is 
therefore amenable to immediate issuance and implementation.
    First, the Departments are merely adopting a general statement of 
policy,\67\ 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.'' \68\ 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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    \67\ 5 U.S.C. 553(b)(A); id. 553(d)(2).
    \68\ Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting 
Chrysler Corp. v. Brown, 441 U.S. 281, 302 n.31 (1979)).
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    Second, even if this process were considered to be a legislative 
rule that would normally be subject to requirements for notice-and-
comment rulemaking and a delayed effective date, the process is exempt 
from such requirements because it involves a foreign affairs function 
of the United States.\69\ Courts have held that this exemption applies 
when the rule in question ``is clearly and directly involved in a 
foreign affairs function.'' \70\ In addition, although under the APA 
invocation of this exemption from notice-and-comment rulemaking does 
not require the agency to show that notice-and-comment procedures may 
result in ``definitely undesirable international consequences,'' \71\ 
some courts have required such a showing. This process satisfies both 
standards.
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    \69\ 5 U.S.C. 553(a)(1).
    \70\ Mast Indus. v. Regan, 596 F. Supp. 1567, 1582 (C.I.T. 1984) 
(cleaned up).
    \71\ See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 (2d Cir. 
2008).
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    As described above, this process is a key component of regional 
migration strategies and is responsive to requests that the United 
States expand lawful pathways. The CMMS of 2021 identifies intra-
governmental Federal strategies to address regional migration, 
including expanding the CAM Program. The following year, the United 
States was able to focus on cooperative strategies with foreign 
partners. In the Ninth Summit of the Americas in June 2022, countries 
in the Western Hemisphere, including the United States, made 
significant commitments in connection with the Los Angeles Declaration, 
including expanded access to regular pathways. As part of efforts to 
promote access to regular pathways, DHS and State have expanded refugee 
processing in Central America.\72\ Therefore, the

[[Page 21704]]

parole component of the CAM Program contributes to the broader USG 
strategy of providing lawful pathways to individuals who may otherwise 
be driven to travel to the United States through irregular means due to 
instability in their home countries and their desire to reunite with 
family members already in the United States.
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    \72\ The United States continues these efforts by pursuing the 
use of new technologies and processes to facilitate and expand 
remote case processing capabilities. It is also seeking to continue 
increasing USRAP processing capacity in Central America.
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    Immediate implementation of the process announced in this notice 
also supports DHS discussions and negotiations about migration 
management and is fully aligned with larger and important foreign 
policy objectives of this Administration. Prompt implementation will 
advance the Administration's foreign policy goals by demonstrating U.S. 
partnership and commitment to the shared goals of addressing migration 
through the hemisphere, both of which are essential to maintaining 
strong relationships in the region.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
Antony J. Blinken,
Secretary of State.
[FR Doc. 2023-07592 Filed 4-7-23; 8:45 am]
BILLING CODE 9111-97-P