[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26329-26331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09013]


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DEPARTMENT OF HOMELAND SECURITY


Implementation of a Change to the Parole Process for Cubans

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
has authorized a change to the Parole Process for Cubans that the U.S. 
Department of Homeland Security (DHS) described in a Federal Register 
notice on January 9, 2023. The change provides that those who have been 
interdicted at sea after April 27, 2023 will be ineligible for the 
announced parole process.

DATES: DHS will begin applying this amendment on April 28, 2023.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On January 9, 2023, DHS published a notice titled Implementation of 
a Parole Process for Cubans. See 88 FR 1266. That notice describes a 
new effort to address the increasing number of encounters of Cuban 
nationals at the Southwest Border (SWB) and at sea, which had reached 
record levels over the six months preceding the announcement. Cubans 
who do not avail themselves of this parole process, and instead enter 
the United States without authorization between ports of entry (POEs), 
generally are subject to return or removal. DHS implemented the parole 
process to allow certain Cuban nationals and their immediate family 
members to be considered on a case-by-case basis for parole and, if 
granted, lawfully enter the United States in a safe and orderly manner. 
As described in the January 2023 notice, to be eligible, individuals 
must: (1) have a supporter in the United States who agrees to provide 
financial support for the duration of the beneficiary's parole period; 
(2) pass national security and public safety vetting; (3) fly at their 
own expense to an interior POE, rather than entering at a land POE; and 
(4) possess a valid, unexpired passport. Individuals are ineligible for 
this process if they have been ordered removed from the United States 
within the prior five years; have entered unauthorized into Mexico or 
Panama after January 9, 2023 (the date of the notice's publication); 
have entered the United States without authorization between POEs after 
January 9, 2023 (except for individuals permitted a single instance of 
voluntary departure or withdrawal of their application for admission to 
still maintain their eligibility for this process); or are otherwise 
deemed not to merit a favorable exercise of discretion.
    The parole process for Cubans is intended to enhance border 
security by addressing the number of encounters of Cuban nationals at 
the SWB and at sea, which reached record levels in recent months, while 
also providing a process for certain such nationals to lawfully enter 
the United States in a safe and orderly manner.

II. Amendment

    In response to the increasing number of Cubans traveling to the 
United States by sea without authorization through January 2023, and 
the likelihood of another record number of interdictions this fiscal 
year (FY), DHS is announcing an amendment to the eligibility criteria 
announced in the January 9, 2023 notice \1\ to make individuals who 
have been interdicted at sea \2\ after April 27, 2023 ineligible for 
the parole process. The policy announced in this notice is consistent 
with the policy and justification described in the January 9, 2023 
notice, including the justification for the parole process and 
description of the multiple exceptions to notice-and-comment rulemaking 
requirements applicable to this process. DHS incorporates those 
justifications here by

[[Page 26330]]

reference as appropriate. This notice makes one update to the 
eligibility criteria for the parole process.
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    \1\ Implementation of a Parole Process for Cubans, 88 FR 1266 
(Jan. 9, 2023).
    \2\ For purposes of this notice, ``interdicted at sea'' refers 
to migrants directly interdicted by the U.S. Coast Guard from 
vessels subject to U.S. jurisdiction or vessels without nationality, 
or migrants transferred to the U.S. Coast Guard.
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A. Impact of Cuba, Haiti, Nicaragua, and Venezuela Enforcement 
Processes

    Parole processes established for nationals of Cuba, Haiti, 
Nicaragua, and Venezuela (CHNV) and their immediate family members have 
significantly reduced SWB encounters. Following the announcement of the 
CHNV parole processes, DHS has seen a drastic decrease in the number of 
Cubans, Haitians, Nicaraguans, and Venezuelans encountered at the SWB. 
In fact, DHS encountered 128,410 noncitizens who entered between POEs 
along the SWB in January 2023, which is the lowest monthly SWB 
encounters total since February 2021.\3\ Encounters of CHNV nationals 
between POEs at the SWB declined from a 7-day average of 1,231 on the 
day of the announcement on January 5th, to 35 on January 31--a drop of 
97 percent in just over three weeks.\4\ Those trends have continued 
with a daily average of 46 encounters of CHNV nationals between POEs at 
the SWB during the last seven days of February 2023.\5\ This reduction 
occurred even as encounters of other noncitizens began to rebound from 
the typical seasonal decline.\6\ The data continues to underscore and 
support the notion that when there is a safe and orderly way to come to 
the United States, coupled with consequences for those who do not avail 
themselves of such established processes, people are less inclined to 
attempt the dangerous, and at times, deadly, journey to our borders, 
and less likely to put their lives in the hands of smugglers.
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    \3\ U.S. Customs and Border Protection, CBP Releases January 
2023 Monthly Operational Update, Feb. 10, 2023, https://www.cbp.gov/newsroom/national-media-release/cbp-releases-january-2023-monthly-operational-update.
    \4\ DHS Office of Immigration Statistics (OIS) analysis of OIS 
Persist Dataset based on data through January 31, 2023.
    \5\ OIS analysis of CBP Unified Immigration Portal (UIP) data 
pulled on March 2, 2023.
    \6\ DHS, Unlawful Southwest Border Crossings Plummet Under New 
Border Enforcement Measures, Jan. 25, 2023, https://www.dhs.gov/news/2023/01/25/unlawful-southwest-border-crossings-plummet-under-new-border-enforcement-measures.
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B. Maritime Migration Continues To Increase, With Devastating 
Consequences for Migrants

    While DHS continues to see a meaningful reduction in encounters of 
CHNV nationals across the SWB following the announcement of the CHNV 
parole processes, maritime interdictions of Cuban and Haitian nationals 
in the Caribbean have increased in recent fiscal FYs and persist at 
high levels. Total interdictions at sea increased by 502 percent 
between FY 2020 (2,079) and FY 2022 (12,521). Interdictions continue to 
rise in FY 2023 with 7,402 through January, almost 60 percent of the 
total in FY 2022 within four months. Maritime migration from Cuba 
increased by nearly 600 percent in FY 2022, with 5,740 Cuban nationals 
interdicted at sea, compared to 827 in FY 2021. In the first four 
months of FY 2023, Cuban interdictions are over 80 percent of the Cuban 
FY 2022 total, comprising 65 percent of all FY 2023 interdictions at 
sea.\7\
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    \7\ OIS analysis of USCG data.
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    Apprehensions of Cuban nationals in southeast coastal sectors by 
U.S. Border Patrol have been increasing rapidly.\8\ There were 2,675 
Cuban apprehensions in FY 2022, an 11-fold increase over the FY 2021 
total of 239 apprehensions. The first four months of FY 2023 have 
already surpassed FY 2022 with 4,273 apprehensions of Cuban nationals 
in southeast coastal sectors.\9\
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    \8\ Includes Miami, Florida; New Orleans, Louisiana; and Ramey, 
Puerto Rico sectors where all apprehensions are land apprehensions 
not maritime.
    \9\ OIS analysis of OIS Persist Dataset based on data through 
January 31, 2023.
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    The U.S. Coast Guard (USCG) has interdicted and repatriated Cubans 
in recent months. On January 12, 2023, USCG repatriated 177 Cubans from 
7 separate interdictions.\10\ USCG repatriated an additional 67 Cubans 
between February 23-24 following prior interdictions.\11\
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    \10\ USCG, Coast Guard Repatriates 177 People to Cuba, Jan. 12, 
2023, https://www.news.uscg.mil/Press-Releases/Article/3265898/coast-guard-repatriates-177-people-to-cuba/.
    \11\ USCG, Coast Guard Repatriates 29 People to Cuba, Feb. 23, 
2023, https://www.news.uscg.mil/Press-Releases/Article/3306722/coast-guard-repatriates-29-people-to-cuba/; USCG, Coast Guard 
Repatriates 38 People to Cuba, Feb. 24, 2023, https://www.news.uscg.mil/Press-Releases/Article/3306850/coast-guard-repatriates-38-people-to-cuba/ cuba/.
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    While maritime interdictions of Cuban nationals declined somewhat 
in February, DHS assesses that in the Caribbean, the weather and 
migrant knowledge of increased law enforcement presence played a 
significant role in this reduced maritime movement. Through much of 
February, weather conditions were unfavorable for maritime ventures, 
particularly on smaller vessels. However, DHS assesses this was only 
temporary. In the final days of February and early days of March 2023, 
DHS saw a return to multiple interdictions per day. The growing numbers 
of migrants taking to sea under dangerous conditions put lives at risk 
and places stress on DHS's resources.
    Human smugglers and irregular migrant populations continue to use 
unseaworthy, overly crowded vessels, piloted by inexperienced mariners, 
without any safety equipment--including but not limited to, personal 
flotation devices, radios, maritime global positioning systems, or 
vessel locator beacons. In FY 2022, the USCG recorded 107 noncitizen 
deaths, including those presumed dead, as a result of irregular 
maritime migration. In January 2022, the USCG located a capsized vessel 
with a survivor clinging to the hull. USCG crews interviewed the 
survivor, who indicated there were 34 other individuals on the vessel 
who were not in the vicinity of the capsized vessel and the 
survivor.\12\ The USCG conducted a multi-day air and surface search for 
the missing migrants, eventually recovering five deceased migrants, 
while the others were presumed lost at sea.\13\ In November 2022, USCG 
and U.S. Customs and Border Protection (CBP) rescued over 180 people 
from an overloaded boat that became disabled off the Florida Keys.\14\
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    \12\ Adriana Gomez Licon, Associated Press, Situation `dire' as 
Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019.
    \13\ Adriana Gomez Licon, Associated Press, Coast Guard suspends 
search for migrants off Florida, Jan. 27, 2022, https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239.
    \14\ Ashley Cox, CBS News CW44 Tampa, More than 180 people 
rescued from overloaded vessel in Florida Keys, Nov. 22, 2022, 
https://www.cbsnews.com/tampa/news/more-than-180-people-rescued-from-overloaded-vessel-in-florida-keys/.
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    The International Organization for Migration's (IOM) Missing 
Migrants Project reported at least 321 documented deaths and 
disappearances of migrants throughout the Caribbean in 2022, signaling 
the highest recorded number since IOM began tracking such events in 
2014 and a 78% overall increase over the 180 documented cases in 
2021.\15\ Most of those who perished or went missing in the Caribbean 
were from Haiti and Cuba.\16\
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    \15\ IOM, Missing Migrants in the Caribbean Reached a Record 
High in 2022, Jan. 24, 2023, https://www.iom.int/news/missing-migrants-caribbean-reached-record-high-2022.
    \16\ Id.
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    The U.S. Government's response to maritime migration in the 
Caribbean region is governed by Executive Orders, Presidential 
Directives, and resulting framework and plans that outline interagency 
roles and responsibilities. Homeland Security Task Force-Southeast 
(HSTF-SE) is primarily responsible for DHS's response to

[[Page 26331]]

maritime migration in the Caribbean Sea and the Straits of Florida. 
Operation Vigilant Sentry is the DHS interagency operational plan for 
integrated operations to address and mitigate the threat of a maritime 
mass migration in the Caribbean Sea and the Straits of Florida.\17\ The 
primary objectives of HSTF-SE are to protect the safety and security of 
the United States, uphold U.S. humanitarian principles, maintain the 
integrity of the U.S. immigration system, prevent loss of life at sea 
and to deter and dissuade maritime migration through mobilizing DHS 
resources, reinforced by other federal, state, and local assets and 
capabilities.
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    \17\ Homeland Security Task Force--Southeast, published through 
the U.S. Embassy in Cuba, Homeland Security Task Force Southeast 
partners increase illegal migration enforcement patrols in Florida 
Straits, Caribbean, Sept. 6, 2022, https://cu.usembassy.gov/homeland-security-task-force-southeast-partners-increase-illegal-migration-enforcement-patrols-in-florida-straits-caribbean/.
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    The USCG supports HSTF-SE and views its migrant interdiction 
mission as a humanitarian effort to rescue those who risk their lives 
by taking to the sea and encourage noncitizens to pursue legal pathways 
to enter the United States. By allocating additional assets to migrant 
interdiction operations and to prevent conditions that could lead to a 
maritime mass migration, the USCG assumes certain operational risk to 
other statutory missions. Some USCG assets were reallocated from other 
key mission areas, including counter-drug operations, protection of 
living marine resources, and support for shipping navigation. Through a 
reduction of maritime migration, USCG would in turn reduce the 
operational risk to its other statutory missions.

C. Ineligibility Criteria for Maritime Interdictions

    In response to the increase in maritime migration and 
interdictions, and to disincentivize migrants from attempting the 
dangerous journey to the United States by sea, DHS will make 
individuals who have been interdicted at sea after April 27, 2023 
ineligible for the parole process for Cubans. Further, DHS expects this 
change in eligibility criteria to materially reduce the number of 
maritime interdictions, by incentivizing migrants to use safe and 
orderly means to access the United States.
    Migrants who take to the sea are putting their lives at incredible 
risk. The goal of this change, like the parole process for Cubans more 
broadly, is to save lives at sea and undermine the profits and 
operations of the dangerous smuggling networks and transnational 
criminal organizations that callously prioritize their profits over the 
lives and safety of the people they transport and traffic. The parole 
process for Cubans will continue to incentivize intending migrants to 
use a safe and orderly means to access the United States via commercial 
air flights, thus ultimately reducing the demand for smuggling networks 
to facilitate the dangerous journey by sea.

III. Paperwork Reduction Act (PRA)

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all 
Departments are required to submit to the Office of Management and 
Budget (OMB), for review and approval, any new reporting requirements 
they impose. The process discussed in this notice involves two 
collections of information, both of which have previously been approved 
under emergency processing. The collections are as follows:
     USCIS, Form I-134A, Online Request to be a Supporter and 
Declaration of Financial Support, OMB control number 1615-0157.
     CBP, Advance Travel Authorization, OMB control number 
1651-0143.
    More information about both collections can be viewed at 
www.reginfo.gov.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023-09013 Filed 4-27-23; 8:45 am]
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