[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
[[Page 21695]]
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
[[Page 21696]]
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
[[Page 21697]]
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.
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\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\
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\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/.
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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\
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\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.
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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/.
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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
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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