[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26327-26329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09014]



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DEPARTMENT OF HOMELAND SECURITY


Implementation of a Change to the Parole Process for Haitians

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 Haitians that the 
U.S. Department of Homeland Security (DHS) described in a Federal 
Register notice published 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 April 29, 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 Haitians. See 88 FR 1243. That notice describes a 
new effort designed to respond to and protect against a significant 
increase in the number of Haitian nationals crossing the Southwest 
Border (SWB) without authorization, as the U.S. Government continues to 
implement its broader, multi-pronged and regional strategy to address 
the challenges posed by irregular migration. Haitians 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 Haitian 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 unauthorized into the United 
States 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 Haitians is intended to enhance border 
security by responding to and protecting against a significant increase 
of irregular migration by Haitians to the United States via dangerous 
routes that pose serious risks to migrants' lives and safety, 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 Haitians traveling to the 
United States by sea without authorization through January 2023, and 
likelihood of another record level 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 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 Haitians, 88 FR 1243 
(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 5, to 35 on January 31--a drop of 97 
percent in just over three weeks.\4\ Those trends have endured with a 
daily average of 46 encounters of CHNV nationals between POEs at the 
SWB during the last seven days of February 2023.\5\ The reduction 
occurred even as encounters of other noncitizens began to rebound from 
their typical seasonal decline.\6\ The data continue 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 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 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 continued 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 Haiti more than 
tripled in FY 2022, with a total of 4,025 Haitian nationals interdicted 
at sea compared to 1,205 in FY 2021 and 398 in FY 2020. In the first 
four months of FY 2023, Haitian interdictions are almost 50 percent of 
the Haitian FY 2022 total, comprising a

[[Page 26328]]

quarter of all FY 2023 interdictions at sea.\7\
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    \7\ OIS analysis of USCG data.
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    U.S. Border Patrol (USBP) apprehensions of Haitian nationals in 
southeast coastal sectors \8\ grew to 1,840 in FY 2022 compared to 601 
in FY 2021, an increase of over 200 percent. In FY 2023 to date, there 
have been 656 apprehensions of Haitian nationals by USBP in southeast 
coastal sectors, 36 percent of FY 2022 total Haitian apprehensions.\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 been challenged with several large 
group interdictions of Haitians in recent months. In one instance on 
January 22, 2023, the USCG encountered a sail freighter suspected of 
illegally transporting migrants with nearly 400 Haitians aboard, 
necessitating repatriations of eligible individuals back to the 
Bahamas.\10\ Days later on January 26, the USCG interdicted and 
repatriated another 309 Haitians to Haiti.\11\ USCG encountered yet 
another large group of Haitians on February 15, repatriating 311 
Haitian migrants from that encounter \12\ and another group of 206 
Haitians were repatriated on March 2 following two successive 
encounters.\13\ Interdicting Haitian sail freighters poses unique 
challenges to Coast Guard crews and migrants. These types of vessels 
are often overloaded with more than 150 migrants onboard, including 
small children. Because these vessels do not have sufficient safety 
equipment, including life jackets, emergency locator beacons, or life 
rafts in the event of an emergency, the risk in the event that these 
vessels overturn or sink increases, in a situation where there could be 
hundreds of noncitizens in the water, who may not know how to swim. 
Often times, noncitizens interdicted on these vessels have been at sea 
for several days, are dehydrated, need medical attention, or are 
otherwise experiencing elevated levels of stress. These factors 
increase the risk to Coast Guard personnel who rescue these migrants 
from these vessels because the number of migrants outnumber Coast Guard 
crews. Coast Guard encounters with sail freighters are not uncommon, 
but because of their capacity to carry several hundred migrants, they 
can exceed the holding capacity of Coast Guard cutters patrolling 
southeastern maritime smuggling vectors, increasing the risk not only 
to the migrants, but cutter crews as well.
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    \10\ Goodhue, David and Jacqueline Charles, Miami Herald, Coast 
Guard stops boat with 400 Haitians off the Bahamas and likely headed 
to Florida, Jan. 23, 2023, https://www.miamiherald.com/news/nation-
world/world/americas/haiti/
article271514157.html#:~:text=Close%20to%20400%20people%20crowd%20the
%20deck%20of,island%20in%20the%20Bahamas%2C%20according%20to%20Bahami
an%20officials.
    \11\ USCG, Coast Guard Repatriates 309 People to Haiti, Jan. 31, 
2023, https://www.news.uscg.mil/Press-Releases/Article/3281802/coast-guard-repatriates-309-people-to-haiti.
    \12\ USCG, Coast Guard Repatriates 311 People to Haiti, February 
20, 2023, https://www.news.uscg.mil/Press-Releases/Article/3302743/coast-guard-repatriates-311-people-to-haiti/.
    \13\ USCG, Coast Guard Repatriates 206 People to Haiti, March 2, 
2023, https://www.news.uscg.mil/Press-Releases/Article/3314530/coast-guard-repatriates-206-people-to-haiti/.
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    While interdictions in February 2023 did ebb from the January peak 
so far this FY, the reduction to a combined 601 Haitian Coast Guard 
interdictions and USBP coastal apprehensions was not the same reduction 
in flows DHS observed along the SWB.\14\ 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 
assess 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. 
Increasing levels of maritime interdictions put lives at risk and 
stress DHS's resources, and the increase in migrants taking to sea, 
under dangerous conditions, has led to devastating consequences.
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    \14\ OIS analysis of USCG data and UIP data pulled March 2, 
2023.
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    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 others on the vessel who were not 
in the vicinity of the capsized vessel and the survivor.\15\ 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.\16\ In November 2022, USCG and U.S. Customs and 
Border Protection (CBP) rescued over 180 people from an overloaded boat 
that became disabled off of the Florida Keys.\17\ They pulled 18 
Haitian migrants out of the sea after they became trapped in ocean 
currents while trying to swim to shore.\18\
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    \15\ 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.
    \16\ 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.
    \17\ 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/.
    \18\ Id.
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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 they began tracking such events in 
2014.\19\ Most of those who perished or went missing in the Caribbean 
were from Haiti and Cuba.\20\ This data emphasizes a tragic 78% overall 
increase over the 180 deaths in the Caribbean documented in 2021, 
underscoring the perils of the journey.\21\
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    \19\ 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.
    \20\ Id.
    \21\ 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 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 migration 
in the Caribbean Sea and the Straits of Florida.\22\ 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

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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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    \22\ 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 taking to the sea and 
encourage noncitizens to pursue lawful pathways to enter the United 
States. By allocating additional assets to migrant interdiction 
operations and to prevent conditions that could lead to maritime mass 
migration, the USCG assumes certain operational risk to other statutory 
missions. Some USCG assets were diverted 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 Haitians. 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 Haitians 
more broadly, is to save lives 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 Haitians 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. 2023-09014 Filed 4-27-23; 8:45 am]
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