[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78762-78774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25313]
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2758-23; DHS Docket No. USCIS-2023-0014]
RIN 1615-ZC07
Implementation of a Family Reunification Parole Process for
Ecuadorians
AGENCY: Department of Homeland Security.
ACTION: Notice of implementation of a family reunification parole
process for Ecuadorians.
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SUMMARY: This notice announces the U.S. Department of Homeland
Security's (DHS) creation and implementation of a family reunification
parole (FRP) process for Ecuadorians. Under this process, certain
Ecuadorian principal beneficiaries of an approved Form I-130, Petition
for Alien Relative, and their immediate family members, will be issued
advance authorization to travel to the United States to seek a
discretionary grant of parole into the United States for a period of up
to three years, rather than remain outside the United States while
awaiting availability of their immigrant visas. This process will allow
family members to reunite in the United States while they wait for
their immigrant visas to become available. This process is voluntary
and intended to provide an additional lawful, safe, and orderly avenue
for migration from Ecuador to the United States as an alternative to
irregular migration to help relieve pressure at the Southwest Border
(SWB) and to reunite families, consistent with U.S. national security
interests and foreign policy priorities. The process complements other
efforts to collaboratively manage migration in the Western Hemisphere
and at the SWB as the U.S. Government (USG) continues to implement its
broader, multi-pronged, regional strategy to address the challenges
posed by irregular migration.
DATES: DHS will begin using the Form I-134A, Online Request to be a
[[Page 78763]]
Supporter and Declaration of Financial Support, for this process on
November 16, 2023.
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 800-375-5283.
SUPPLEMENTARY INFORMATION:
I. Background
This notice describes the implementation of a new parole process
for certain Ecuadorian nationals and their immediate family members,\1\
including the eligibility criteria and filing process. The parole
process is intended to reunite families more quickly and offer an
alternative to dangerous irregular migration routes through North and
Central America to the United States by providing an avenue for certain
Ecuadorians and their immediate family members to lawfully enter the
United States in a safe and orderly manner.
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\1\ Throughout this notice, ``immediate family members'' is used
as a shorthand for the derivative beneficiary spouse and children of
a principal beneficiary. See INA sec. 203(d), 8 U.S.C. 1153(d); see
also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in
general, as meaning ``an unmarried person under twenty-one years of
age'').
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The USG is committed to implementing a comprehensive framework to
collaboratively manage migration with its partners in the Western
Hemisphere.\2\ Executive Order (E.O.) 14010 called for a four-pronged
approach, 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 SWB to access this system;
and creating and expanding lawful pathways for migrants to enter the
United States and seek protection.\3\
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\2\ See generally Executive Order (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 (Feb. 2, 2021) https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02561.pdf; see also NSC, Collaborative Migration
Management Strategy (July 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.
\3\ See E.O. 14010 at secs. 2, 4.
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In July 2021, the National Security Council (NSC) published the
U.S. Strategy for Addressing the Root Causes of Migration in Central
America.\4\ This strategy outlined a comprehensive framework within
which federal government agencies would work collaboratively to address
the root causes of irregular migration through Central America, noting
long-standing political instability, insecurity, and climate change in
the region. Also in July 2021, the NSC published the Collaborative
Migration Management Strategy, which described U.S. strategy to
collaboratively manage migration through Central America.\5\ Further,
in March 2022, DHS published an interim final rule (IFR) intended to
allow U.S. immigration officials to consider more promptly the asylum
claims of noncitizens encountered at or near the SWB while ensuring the
fundamental fairness of the asylum process.\6\ In June 2022, through
the Los Angeles Declaration on Migration and Protection (L.A.
Declaration), the United States, along with several countries in the
Western Hemisphere, committed to strengthen national, regional, and
hemispheric efforts to create the conditions for safe, orderly, humane,
and regular migration, and signaled their intent to work together to
expand access to regular pathways for migrants and international
protection, including through family reunification options, where
appropriate and feasible, in accordance with national legislation.\7\
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\4\ See National Security Council (NSC), U.S. Strategy for
Addressing the Root Causes of Migration in Central America (July
2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf.
\5\ See NSC Collaborative Migration Management Strategy (July
2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-%20Migration-%20Management-%20Strategy.
\6\ 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).
\7\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), 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 this migration framework is the creation
and expansion of access to lawful pathways through which migrants can
come to the United States as one means of reducing irregular migration
flows. On October 12, 2022, the United States announced a parole
process for certain Venezuelan nationals and their immediate family
members to lawfully enter the United States in a safe and orderly
manner.\8\ The process for Venezuelans was designed to immediately
address the humanitarian need and the increasing number of encounters
of Venezuelan nationals at the SWB.\9\ Implementation of the parole
process for Venezuelans was dependent on Mexico continuing to accept
the return of Venezuelan nationals seeking to irregularly enter the
United States between the ports of entry (POEs), and the announcement
made clear that Venezuelans who did not avail themselves of this
process, and who instead entered the United States without
authorization, would be subject to expulsion or removal.\10\ In January
2023, DHS implemented similar parole processes for Cubans, Haitians,
and Nicaraguans, and their immediate family members, to address the
increasing numbers of encounters of nationals of those countries at the
SWB, and announced changes to the existing parole process for
Venezuelans to allow for its continued operation.\11\
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\8\ Implementation of a Parole Process for Venezuelans, 87 FR
63507 (Oct. 19, 2022).
\9\ See id.
\10\ Id.
\11\ See Implementation of a Parole Process for Cubans, 88 FR
1266 (Jan. 9, 2023); Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); Implementation
of Changes to the Parole Process for Venezuelans, 88 FR 1279 (Jan.
9, 2023).
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On May 12, 2023, following the termination of the Centers for
Disease Control and Prevention's (CDC) Title 42 public health Order,
DHS and the Department of Justice (DOJ) implemented a joint final rule,
Circumvention of Lawful Pathways, which incentivizes migrants to avail
themselves of identified lawful, safe, and orderly pathways into the
United States, or otherwise to seek asylum or other protection in
another country through which they travel.\12\ That rule reflects the
position that an increase in the availability of lawful pathways paired
with consequences for migrants who do not avail themselves of such
pathways can encourage the use of lawful pathways and undermine
transnational criminal organizations (TCOs), such as smuggling
operations.\13\
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\12\ 88 FR 31314 (May 16, 2023).
\13\ See id. at 31325.
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In addition, DHS and the Department of State (State) have
collaborated on a number of efforts to address the challenges of
irregular migration by expanding access to lawful pathways, including:
restarting and expanding eligibility criteria to the Central American
Minors (CAM) Program \14\ and
[[Page 78764]]
expanding refugee processing in South and Central America, including by
working to establish Safe Mobility Offices (SMOs) in key locations.\15\
USG efforts have also expanded access to H-2 temporary nonimmigrant
worker visas for noncitizens in the region while enhancing worker
protections.\16\
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\14\ The United States announced in March 2021 that the CAM
Program would reopen and continue with processing for cases that
were closed in 2018 when the program was terminated. See U.S.
Department of State, Restarting the Central American Minors Program,
March 10, 2021, https://www.state.gov/restarting-the-central-american-minors-program/ (last visited Aug. 3, 2023). In June 2021,
the United States announced the program would be expanded by
increasing the categories of eligible U.S.-based relatives who can
request access for their children in Northern Central America (NCA).
See U.S. Department. of State, Joint Statement by the U.S.
Department of State and U.S. Department of Homeland Security on the
Expansion of Access to the Central America Minors Program, June 15,
2021, 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/ (last visited Aug.
3, 2023). In April 2023, the United States announced enhancements to
the CAM Program, including updates to certain eligibility criteria
for program access. See Bureau of Population, Refugees, and
Migration; Central American Minors Program, 88 FR 21694 (Apr. 11,
2023).
\15\ See DHS, Fact Sheet, U.S. Government Announces Sweeping New
Actions to Manage Regional Migration (Apr. 27, 2023), https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration; U.S Department of
State, U.S.-Colombia Joint Commitment to Address the Hemispheric
Challenge of Irregular Migration (June 4, 2023), https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/. DHS has previously
announced the intention to establish Regional Processing Centers
(RPCs) but will now refer to them as Safe Mobility Offices (SMOs)
following the launch of the MovilidadSegura.org website and
announcements with hosting countries. See The White House, Joint
Statement from the United States and Guatemala on Migration (Jun 1,
2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/; See United States Department of State, U.S.-Colombia
Joint Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 4, 2023), https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/; See The White House, Readout of Principal Deputy
National Security Advisor Jon Finer's Meeting with Colombian Foreign
Minister Alvaro Leyva (June 11, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/; See United States Department of
State, U.S.-Costa Rica Joint Commitment to Address the Hemispheric
Challenge of Irregular Migration (June 12, 2023), https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/; See The Department of
State, Announcement of Safe Mobility Office in Ecuador, Oct. 19,
2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
\16\ While focusing attention on improvements to recruitment
practices and educating workers on their rights in the NCA countries
and labor conditions in the United States, the United States
Government has been engaging in efforts to substantially increase
the number of H-2 temporary workers from NCA countries. As part of
these efforts, the Secretary of Homeland Security, in consultation
with the Secretary of Labor, has exercised the authority given by
Congress to allocate additional H-2B temporary non-agricultural
worker visas under the supplemental cap. Most recently, on December
15, 2022, DHS and DOL jointly published a temporary final rule
increasing the number of H-2B nonimmigrant visas by up to 64,716 for
the entirety of FY 2023. See Exercise of Time-Limited Authority to
Increase the Numerical Limitation for FY 2023 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).
20,000 of these H-2B visas are reserved for nationals of El
Salvador, Guatemala, Honduras, and Haiti. Id. DHS and DOL similarly
exercised this authority in other recent FYs, with specific
allocations for NCA countries. See 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) (authorizing the issuance of
no more than 35,000 additional H-2B visas during the second half of
FY 2022, of which 11,500 H-2B visas were reserved for nationals of
El Salvador, Guatemala, Honduras, and Haiti); 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 authorized an
additional 20,000 H-2B visas, of which 6,500 were reserved for
nationals of the NCA countries and Haiti); 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, 86 FR
28198 (May 25, 2021) (DHS and DOL authorized a total of 22,000
supplemental visas, of which 6,000 visas were reserved for nationals
of the NCA countries).
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Consideration of noncitizens for parole on a case-by-case basis
under the process outlined here will meaningfully contribute to the
broader USG strategy of expanding access to lawful pathways to
noncitizens who may otherwise undertake an irregular migration journey
to the United States.
II. Parole Authority
The Secretary of Homeland Security (the Secretary) has the
discretionary authority under the Immigration and Nationality Act (INA)
to parole an applicant for admission ``into the United States
temporarily under such reasonable conditions as [the Secretary] may
prescribe only on a case-by-case basis for urgent humanitarian reasons
or significant public benefit.'' \17\ Parole is not an admission of the
noncitizen to the United States, and a parolee remains an ``applicant
for admission'' during the period of parole in the United States.\18\
DHS sets the duration of the parole based on the purpose for granting
the parole request and may impose reasonable conditions on parole.\19\
DHS may terminate parole upon notice in its discretion at any time.\20\
By regulation, parolees may apply for and be granted employment
authorization to work lawfully in the United States.\21\
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\17\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6
U.S.C. 202(a)(4) (charging the Secretary with the responsibility for
``[e]stablishing and administering rules . . . governing . . .
parole'').
\18\ INA secs. 101(a)(13)(B) and 212(d)(5)(A), 8 U.S.C.
1101(a)(13)(B) and 1182(d)(5)(A).
\19\ See 8 CFR 212.5(c).
\20\ See 8 CFR 212.5(e).
\21\ See 8 CFR 274a.12(c)(11).
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Past Secretaries have similarly exercised parole authority to
establish other family reunification parole processes administered by
U.S. Citizenship and Immigration Services (USCIS). For example, Cuban
Family Reunification Parole (CFRP) as established in 2007, allows U.S.
citizens (USCs) and lawful permanent residents (LPRs) to request parole
for certain eligible family members in Cuba who are beneficiaries of
approved Forms I-130.\22\ If parole is authorized, these family members
may come to the United States and seek parole before their immigrant
visa priority dates are current.\23\ Similarly, in 2014, Haitian Family
Reunification Parole (HFRP) was established, which allows USCs and LPRs
to request parole for certain eligible family members in Haiti who are
beneficiaries of approved Form I-130s, who may subsequently come to the
United States and seek parole before their immigrant visa priority
dates are current.\24\ On July 10, 2023, DHS announced the
implementation of four new FRP processes for certain nationals from
Colombia, El Salvador, Guatemala, and Honduras, and their immediate
family members, who have approved family-based petitions filed on their
behalf by a U.S.C. or LPR.\25\ On August 11, 2023, DHS announced
updates to modernize the CFRP and HFRP processes by adopting the new,
mostly
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online, processing steps implemented for the four new FRP
processes.\26\
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\22\ See Cuban Family Reunification Parole Program, 72 FR 65588
(Nov. 21, 2007) (Noting that granting parole to eligible aliens
under the CFRP Program serves the significant public benefit of
enabling the United States to meet its commitments under the
Migration Accords as well as ``reducing the perceived need for
family members left behind in Cuba to make irregular and inherently
dangerous attempts to arrive in the United States through unsafe
maritime crossings, thereby discouraging alien smuggling as a means
to enter the United States,'' and stating that whether to parole a
particular alien ``remains, however, a case-by-case, discretionary
determination.'').
\23\ Id.
\24\ See Implementation of Haitian Family Reunification Parole
Program, 79 FR 75581 (Dec. 18, 2014) (``By expanding existing legal
means for Haitians to immigrate, the HFRP Program serves a
significant public benefit by promoting safe, legal, and orderly
migration to the United States. Furthermore, it supports U.S. goals
for Haiti's long-term reconstruction and development.'').
\25\ See Implementation of a Family Reunification Parole Process
for Colombians, 88 FR 43591 (July 10, 2023); Implementation of a
Family Reunification Parole Process for Salvadorans, 88 FR 43611
(July 10, 2023); Implementation of a Family Reunification Parole
Process for Guatemalans, 88 FR 43581 (July 10, 2023); Implementation
of a Family Reunification Parole Process for Hondurans, 88 FR 43601
(July 10, 2023).
\26\ See Implementation of Changes to the Cuban Family
Reunification Parole Process, 88 FR 54639 (Aug. 11, 2023);
Implementation of Changes to the Haitian Family Reunification Parole
Process, 88 FR 54635 (Aug. 11, 2023).
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III. The FRP Process for Ecuadorians
As in all other FRP processes, the FRP process for Ecuadorians will
allow U.S.C. and LPR petitioners who have been invited to file a
request and initiate this process for certain eligible family members
to receive advance authorization to travel to the United States to seek
parole at an interior POE (i.e., an airport). Individuals who are
eligible to be considered for parole under this process include
nationals of Ecuador who are principal beneficiaries of approved Form
I-130 family-based immigrant petitions, as well as their immediate
family members, who are outside the United States and who have not yet
received an immigrant visa. This process requires that the Form I-130
petitioner first receive an invitation to be able to initiate the
process on behalf of the Form I-130 principal beneficiary and their
immediate family members. As in other FRP processes, this invitation
requirement will allow DHS to adjust the number of invitations issued
based on the resources available to process requests and to achieve
desired policy objectives. If U.S. Customs and Border Protection (CBP)
issues an advance authorization to travel to a beneficiary, the
beneficiary will be permitted to travel to the United States to be
considered for a discretionary grant of parole on a case-by-case basis
at an interior POE. Noncitizens paroled into the United States under
this FRP process will generally be paroled for up to three years,
consistent with the other FRP processes. If paroled into the United
States, parolees will be able to request employment authorization while
they wait for their immigrant visa to become available and to apply for
adjustment of status to that of an LPR once an immigrant visa becomes
available to them. As with all parole requests, under this FRP process
for Ecuadorians, parole will be authorized only on a discretionary,
case-by-case, and temporary basis upon a demonstration of urgent
humanitarian reasons or significant public benefit, as well as a
demonstration that the beneficiary warrants a favorable exercise of
discretion. Noncitizens paroled into the United States under this
process may request additional periods of parole. DHS will determine
whether an additional period is warranted, on a case-by-case basis, for
urgent humanitarian reasons or significant public benefit.
IV. Justification for the Process--Significant Public Benefit
As noted above, section 212(d)(5)(A) of the INA, 8 U.S.C.
1182(d)(5)(A), confers upon the Secretary the discretionary authority
to parole noncitizens ``into the United States temporarily under such
reasonable conditions as [the Secretary] may prescribe only on a case-
by-case basis for urgent humanitarian reasons or significant public
benefit.''
The case-by-case parole of noncitizens who are beneficiaries of
approved family-based immigrant visa petitions under this process will,
in general, provide a significant public benefit by furthering the
USG's holistic migration management strategy, specifically by: (1)
promoting family unity; (2) furthering important foreign policy
objectives; (3) providing a lawful and timely alternative to irregular
migration; (4) reducing strain on limited U.S. resources; and (5)
addressing root causes of migration through economic stability and
development supported by increased remittances.
A. Promoting Family Unity
The case-by-case parole of noncitizens under this FRP process will
provide the significant public benefit of promoting family unity by
providing a more expeditious pathway for USCs and LPRs to reunite in
the United States with their family members from Ecuador. Currently,
nationals of Ecuador with approved family-based petitions often wait
many years before their immigrant visas can be issued and they can
travel to the United States to apply for admission as immigrants.\27\
While they wait for an immigrant visa to be issued, security concerns
and uncertainty in their home country, combined with a desire to
reunify with family in the United States, could cause many to choose
irregular migration in the absence of an alternative, near-term path to
come to the United States for family reunification.
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\27\ For example, under the October 2023 Department of State
Visa Bulletin, an Ecuadorian unmarried son or daughter of a U.S.C.--
F1 Preference Relative category--will only have an immigrant visa
available to them if their relative filed the Form I-130 on their
behalf more than 8 years ago. See DOS, Visa Bulletin for October
2023, Number 82, Volume X (Oct. 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html. However, these dates are not predictive. Due
to increases in volume of Form I-130 filings, an Ecuadorian
unmarried son or daughter of a U.S.C. for whom a Form I-130 is filed
today will likely have an even longer wait before an immigrant visa
becomes available.
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By facilitating quicker reunification of USCs and LPRs with their
family members in the United States, this FRP process will improve the
social and economic stability and well-being of these families as well
as their communities at large. Additionally, facilitating reunification
in the short-term through a lawful, safe, and orderly pathway will
provide the significant public benefit of promoting the expeditious
reception and integration of arriving noncitizens into American
society. New arrivals will be introduced sooner to the networks built
by family members living in the United States, providing them an
opportunity to familiarize themselves with the United States, establish
stable financial foundations, find housing and transportation, and
enroll in school and find childcare for their children as they wait for
their immigrant visas to become available.
[[Page 78766]]
B. Furthering Important Foreign Policy Objectives
The United States has been engaging with international partners to
manage irregular migration through various lines of effort, including
bringing together leaders from nations across the Western Hemisphere to
endorse the L.A. Declaration,\28\ joining Colombia and Panama to ramp
up efforts to address irregular flows through the Dari[eacute]n,\29\
establishing SMOs in key locations throughout the Western
Hemisphere,\30\ joining Mexico to announce and develop a humanitarian
plan on migration,\31\ issuing a trilateral statement with Canada and
Spain to announce our intent to partner together to deepen engagement
in Latin America,\32\ and, most recently, announcing full support for
an initiative that the Government of Mexico plans to start in southern
Mexico to offer new refugee and labor pathways.\33\ A central theme of
all these efforts is, as further articulated below, expanding and
strengthening access to lawful pathways for migration. Many countries
have cooperated extensively, at great financial, staffing, and domestic
political costs, to: (1) create and expand access to lawful pathways in
their respective countries, (2) increase enforcement measures along the
migratory routes, and (3) introduce policies that seek to reduce
irregular migration from or through their countries. In turn, regional
partner countries have consistently requested that the United States
expand and strengthen access to lawful pathways, even following
implementation of the parole processes for nationals of Cuba, Haiti,
Nicaragua, and Venezuela. Implementation of this FRP process is one
response to such requests and, thereby, will build goodwill with
regional partners and secure cooperation and strengthen bilateral
relations in furtherance of U.S. national interests.
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\28\ See The White House, Los Angeles Declaration on Migration
and Protection, June 10, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
\29\ Trilateral Joint Statement, April 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
\30\ See The White House, Joint Statement from the United States
and Guatemala on Migration (June 1, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/;
United States Department of State, U.S.-Colombia Joint Commitment to
Address the Hemispheric Challenge of Irregular Migration (June 4,
2023), https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/; The White
House, Readout of Principal Deputy National Security Advisor Jon
Finer's Meeting with Colombian Foreign Minister Alvaro Leyva (June
11, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/; United States Department of State, U.S.-Costa Rica Joint
Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 12, 2023), https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/.
\31\ See The White House, Mexico and United States Strengthen
Joint Humanitarian Plan on Migration, May 2, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/.
\32\ See DHS, Trilateral statement on joint commitment to Latin
America, May 3, 2023, https://www.dhs.gov/news/2023/05/03/trilateral-statement-joint-commitment-latin-america.
\33\ See The White House, Statement from National Security
Advisor Jake Sullivan on Legal Pathways Initiative with Mexico, July
28, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/28/statement-from-national-security-advisor-jake-sullivan-on-legal-pathways-initiative-with-mexico/.
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This process is not only responsive to the requests and interests
of key foreign partners--and necessary for addressing migration issues
requiring coordination between two or more governments--it is also
fully aligned with larger foreign policy objectives of this
Administration and fits within a framework of carefully negotiated
actions by multiple governments, as reflected in the L.A. Declaration
and the aforementioned actions.\34\ The L.A. Declaration acknowledges
the endorsees' shared responsibility on migration and commitment to
strengthen national, regional, and hemispheric efforts to create the
conditions for safe, orderly, humane, and regular migration.\35\ All 21
countries that endorsed the declaration reaffirmed their shared
commitment to strengthening and expanding regular pathways and
promoting principles of safe, orderly, humane, and regular
migration.\36\ As such, it is the view of the United States that this
process advances the Administration's foreign policy goals by
demonstrating U.S. partnership and U.S. commitment to the shared goals
of addressing migration through the hemisphere, both of which are
essential to maintaining strong relationships with key partners to
manage migration collaboratively.
---------------------------------------------------------------------------
\34\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
\35\ Id.
\36\ Id.
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The USG further intensified its international engagement in Spring
2023 as the date on which the CDC Title 42 public health Order \37\
would terminate neared and DHS anticipated a significant potential
further increase in irregular migration.\38\ For instance, on April 11,
2023, consistent with the spirit of the L.A. Declaration, in
anticipation of the end of the Title 42 public health Order, and at the
request of the United States, the United States, jointly with the
Governments of Panama and Colombia, committed to three goals--a
counter-human smuggling effort in both the land and maritime domain; an
expansion of lawful pathways as an alternative to irregular migration;
and increased economic investment in impacted border communities--as
part of a coordinated 60-day campaign and sustained cooperation beyond
the initial two-month campaign to reduce irregular migration.\39\
Implementing this process fulfills one of the commitments the United
States made with its regional partners to, among all three governments,
``[o]pen new lawful and flexible pathways for tens of thousands of
migrants and refugees as an alternative to irregular migration.'' \40\
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\37\ See Public Health Determination and Order Regarding
Suspending the Right to Introduce Certain Persons from Countries
Where a Quarantinable Communicable Disease Exists, 87 FR 19941,
19941-42 (Apr. 6, 2022) (describing the CDC's recent Title 42 public
health Orders, which ``suspend[ ] the right to introduce certain
persons into the United States from countries or places where the
quarantinable communicable disease exists in order to protect the
public health from an increased risk of the introduction of COVID-
19'').
\38\ See 88 FR 11704, 11704-08 (Feb. 23, 2023) (describing
``concern about the possibility of a surge in irregular migration
upon, or in anticipation of, the eventual lifting of the Title 42
public health Order''); CNN, Southern border braces for a migrant
surge with Title 42 set to expire this week, May 8, 2023, https://www.cnn.com/2023/05/08/us/title-42-expires-border-immigration/index.html.
\39\ Trilateral Joint Statement, Apr. 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
\40\ See id.
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The United States also continues to encourage regional governments
to continue to expand lawful pathways for migrants, including providing
legal status to migrants residing in their countries, as well as to
establish removal programs. Colombia, for example, has given 10-year
temporary protected status to approximately 2.5 million Venezuelans,
allowing them to work, study, and access public services.\41\ Partner
countries have also taken actions to forgive existing migrant overstay
fines, effectively removing one of the largest barriers to
regularization.
[[Page 78767]]
Brazil's ``Operation Welcome'' helped over 100,000 Venezuelans
voluntarily resettle in places where they have greater economic
opportunity.\42\ Mexico and Canada are increasing the number of people
that they welcome on a humanitarian basis.\43\
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\41\ See Secretary Antony J. Blinken and Secretary of Homeland
Security Alejandro Mayorkas at a Joint Press Availability--U.S.
Department of State (``Blinken-Mayorkas Joint Press Availability''),
Apr. 27, 2023, https://www.state.gov/secretary-antony-j-blinken-and-secretary-of-homeland-security-alejandro-mayorkas-at-a-joint-press-availability/.
\42\ See id.
\43\ See id.
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Expanding cooperation with Ecuador can help achieve migration goals
within Ecuador, regionally, and around the globe.\44\ Ecuador is
committed to diminishing the flow of irregular migrants from Ecuador
northward by imposing additional visa requirements for certain
nationalities,\45\ providing life-saving assistance to Venezuelan and
Colombian refugees and migrants within its borders, and strengthening
its border security and controls.\46\ Ecuador, along with Costa Rica,
Belize, and Peru, is undertaking efforts to regularize migrants from
Venezuela and Nicaragua.\47\ Ecuador's program for Venezuelans in the
country has provided an opportunity for stability and integration for
more than 500,000 displaced Venezuelans.\48\ Furthermore, establishing
an FRP process for certain nationals of Ecuador furthers the USG's
efforts to set up SMOs in Ecuador. As part of ongoing negotiations over
the establishment of SMOs in Ecuador, the Government of Ecuador has
repeatedly emphasized the critical importance of lawful pathways to the
United States for nationals of Ecuador, including labor and family
reunification pathways.\49\ After months of negotiations, on October
19, the USG and the Government of Ecuador announced the establishment
of SMOs in Ecuador to guide migrants and refugees towards lawful
migration pathways.\50\
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\44\ U.S. Department of State, Integrated Country Strategies--
Ecuador, Apr. 20, 2023, https://www.state.gov/wp-content/uploads/2022/07/ICS_WHA_Ecuador_Public-1.pdf.
\45\ Ministry of Foreign Affairs of Ecuador, LISTA DE
PA[Iacute]SES QUE DEBEN PRESENTAR VISA AL INGRESAR AL ECUADOR,
https://www.cancilleria.gob.ec/2020/06/30/lista-de-paises-que-deben-presentar-visa-al-ingresar-al-ecuador/ (last visited Sept. 21,
2023). Ecuador passed new legislation imposing additional visa
requirements on nationals arriving from Chad, Guinea-Bissau,
Kyrgyzstan, Mauritania, Sierra Leone, Sudan, and South Sudan. The
new law went into effect on August 3, 2023, and since then, all new
travelers from the seven countries must have visas prior to arrival
in Ecuador. These additional nationalities follow Ecuador's late
2022 decision to add visa requirements for nationals arriving from
Albania, Tajikistan, and Uzbekistan.
\46\ Id.
\47\ See supra note 41.
\48\ The White House, Readout of Los Angeles Declaration
Implementation Launch, Sept. 27, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/27/readout-of-los-angeles-declaration-implementation-launch/.
\49\ See, e.g., The Department of State, Quito PRM Regional
Refugee Coordinator Report, 23 QUITO 648, July 21, 2023. Gustavo
Manrique: ``Dialogamos con EE.UU. para que los migrantes puedan
tener una reunificaci[oacute]n familiar'' (Gustavo Manrique: ``We
are in dialogue with the U.S. so that migrants can have family
reunification''), July 10, 2023, https://www.ecuavisa.com/noticias/politica/gustavo-manrique-dialogamos-con-ee-uu-para-que-los-migrantes-puedan-tener-una-reunificacion-familiar-YK5509735.
\50\ The Department of State, Announcement of Safe Mobility
Office in Ecuador, Oct. 19, 2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
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C. Lawful Alternative to Irregular Migration
In addition to existing lawful pathways, implementation of this FRP
process will provide another lawful, safe, and orderly alternative to
irregular migration in the near term. In Fiscal Year 2023 (FY23), CBP
encounters with Ecuadorians totaled 117,487 as compared to 24,936
encounters in FY22, a 371% increase.\51\ In FY21, CBP encountered a
total of 97,074 Ecuadorian nationals, and in all of FY20, CBP
encountered 12,892 Ecuadorian nationals.\52\ Economic insecurity and
high levels of poverty, food insecurity, and sexual and gender-based
violence, coupled with the desire to reunite with family members
already in the United States, are driving migrants from Ecuador to the
United States.\53\
---------------------------------------------------------------------------
\51\ CBP, Nationwide Encounters, https://www.cbp.gov/newsroom/stats/nationwide-encounters (last visited Nov. 2, 2023).
\52\ Id.
\53\ Genevieve Glatsky and Jos[eacute] Mar[iacute]a Le[oacute]n
Cabrera, Security is the Main Worry as Ecuador Votes on Sunday.
Here's What to Know, New York Times, Aug. 20, 2023, https://www.nytimes.com/2023/08/20/world/americas/ecuador-election-assassination-explainer.html; Genevieve Glatsky and Jos[eacute]
Mar[iacute]a Le[oacute]n Cabrera, How Narco Traffickers Unleashed
Violence and Chaos in Ecuador, New York Times, Aug 17, 2023, https://www.nytimes.com/2023/08/17/world/americas/ecuador-drug-trafficking-election.html?searchResultPosition=16; Gonzalo Solano and Michael
Weissenstein, More Ecuadorians move to US, spared many others'
hurdles, Associated Press, Apr. 2, 2023, https://apnews.com/article/ecuador-migrants-migration-us-immigration-policy-86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, More Ecuadorians
leaving for US amid `burst in migration,' Aljazeera, Sep. 23, 2021,
https://www.aljazeera.com/news/2021/9/23/more-ecuadorians-leaving-for-us-amid-burst-in-migration; Adriana P[eacute]rez and Alfredo
Corchado, A heartbreaking exodus: More people from Ecuador feel
forced to migrate to the U.S., The Dallas Morning News, Aug. 13,
2021, https://www.dallasnews.com/news/immigration/2021/08/13/a-heartbreaking-exodus-more-people-from-ecuador-feel-forced-to-migrate-to-the-us/.
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Some beneficiaries of approved family-based immigrant visa
petitions may have to wait many years for an immigrant visa to become
available.\54\ While beneficiaries of this FRP process will still need
to wait to apply to become an LPR, it will allow certain noncitizens to
spend part of that waiting time with family in the United States. The
process will create a lawful, safe, and orderly pathway to travel to
the United States for certain nationals of Ecuador and their immediate
family members, who have already followed established channels to begin
seeking lawful status in the United States, whose immigrant visa
petitions have been approved, and who are waiting for an immigrant visa
to become available. The availability of this FRP process could
discourage beneficiaries whose immigrant visas are not expected to
become available soon from engaging in irregular migration by providing
a hope and expectation that they will soon have access to a reasonably
foreseeable, safe, and orderly alternative to irregular migration.
---------------------------------------------------------------------------
\54\ See William Kandel, Congressional Research Service, U.S.
Family-Based Immigration Policy (Feb. 9, 2018), https://crsreports.congress.gov/product/pdf/R/R43145; DOS, Visa Bulletin for
October 2023, Number 82, Volume X (Oct. 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html.
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D. Reducing Strain on Limited U.S. Resources
Increases in irregular migration from Ecuador have strained DHS's
reception and processing capacity at the SWB. From FY20 to FY23,
encounters of Ecuadorians at the SWB totaled approximately 252,389.\55\
By establishing a lawful pathway for some nationals of Ecuador and
their immediate family members, on a case-by-case basis, to be paroled
into the United States before an immigrant visa becomes immediately
available to them, this FRP process is expected to reduce the number of
irregular migrants encountered at the SWB. This would thereby provide a
significant public benefit by reducing the strain on border reception
and processing capacity, including by diverting the processing of
noncitizens to interior POEs.
---------------------------------------------------------------------------
\55\ CBP, Nationwide Encounters, https://www.cbp.gov/newsroom/stats/nationwide-encounters (last visited Nov. 2, 2023).
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Paroling noncitizens through this process will be significantly
less resource-intensive than processing individuals who irregularly
migrate. Noncitizens who arrive through this FRP process will generally
not require placement in DHS custody or removal proceedings, preserving
space and resources for managing irregular migration.
Furthermore, by establishing a meaningful, near-term lawful pathway
that certain noncitizens, if found to be eligible on a case-by-case
basis, may choose to use in lieu of attempting to
[[Page 78768]]
enter the United States irregularly, the process could redirect such
intending migrants away from irregular migratory routes that funnel
money into TCOs. TCOs engaged in human smuggling along the route from
the Northern Central America region to the United States earn hundreds
of millions to billions of dollars each year from smuggling activities
associated with irregular migration.\56\ TCOs exploit irregular
migration for financial gain, either by charging migrants to cross the
border, forcing migrants to carry contraband as they cross, or forcing
and coercing migrants into a sex or labor trafficking situation.\57\
This money can then be used to fund additional human smuggling, drug
trafficking, and human trafficking, to buy weapons, or to engage in
other illicit activities in the region, all of which are competing
priorities for limited U.S. border resources to confront and
manage.\58\ This FRP process is expected to reduce the number of
irregular migrants who may be exploited by TCOs engaged in human
smuggling, serving a significant public benefit.
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\56\ Homeland Security Operational Analysis Center, Human
Smuggling and Associated Revenues: What Do or Can We Know About
Routes from Central America to the United States (2019), https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2852/RAND_RR2852.pdf; see also DHS, Fact Sheet: Counter Human Smuggler
Campaign Update (Oct. 6, 2022), https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th.
\57\ DHS's Efforts to Disrupt Transnational Criminal
Organizations in Central America: Hearing before the Subcommittee on
Oversight, Management, and Accountability of the Committee of
Homeland Security of the House of Representatives, 117th Cong.
(2021).
\58\ Id.
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DHS anticipates that this process will help minimize the burden on
communities, state and local governments, and non-governmental
organizations along the SWB. Beneficiaries will be required to fly at
their own expense to an interior POE, rather than arriving at the SWB
and transiting through border communities. Beneficiaries will only be
authorized to come to the United States if they have a U.S.-based
supporter who has agreed to receive them and provide basic needs,
including housing support. Beneficiaries will also be immediately
eligible to apply for employment authorization, enabling them to
support themselves.
E. Addressing Root Causes of Migration Through Remittances
The case-by-case parole into the United States of noncitizens under
this FRP process will also serve a significant public benefit by aiding
U.S. efforts to address economic insecurity in Ecuador, which is a key
factor that drives out-migration.\59\ Unlike many noncitizens who
irregularly migrate, noncitizens who are paroled into the United States
through this process will be immediately eligible to apply for
employment authorization that, if granted, they may maintain throughout
the duration of their parole period, allowing them to support
themselves and to contribute to the U.S. economy through the labor they
provide, taxes they pay, and consumption of goods or payment of rent
and utilities in their new U.S. communities.\60\ Noncitizens with
employment authorization also typically enjoy higher wages than those
without employment authorization, providing them with the resources to
send additional money to their home country as remittances.\61\
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\59\ U.S. Department of State, Integrated Country Strategies--
Ecuador, Apr. 20, 2023, https://www.state.gov/wp-content/uploads/2022/07/ICS_WHA_Ecuador_Public-1.pdf; Gonzalo Solano and Michael
Weissenstein, More Ecuadorians move to US, spared many others'
hurdles, Associated Press, Apr. 2, 2023, https://apnews.com/article/ecuador-migrants-migration-us-immigration-policy-86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, More Ecuadorians
leaving for US amid `burst in migration,' Aljazeera, Sept. 23, 2021,
https://www.aljazeera.com/news/2021/9/23/more-ecuadorians-leaving-for-us-amid-burst-in-migration; Adriana P[eacute]rez and Alfredo
Corchado, A heartbreaking exodus: More people from Ecuador feel
forced to migrate to the U.S., The Dallas Morning News, Aug. 13,
2021, https://www.dallasnews.com/news/immigration/2021/08/13/a-heartbreaking-exodus-more-people-from-ecuador-feel-forced-to-migrate-to-the-us/.
\60\ See generally, e.g., National Academies of Sciences,
Engineering, and Medicine, ``The Economic and Fiscal Consequences of
Immigration'' (2017), https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration; Chair
Cecilia Rouse, Lisa Barrow, Kevin Rinz, and Evan Soltas, The White
House Blog: The Economic Benefits of Extending Permanent Legal
Status to Unauthorized Immigrants (Sept. 17, 2021), https://www.whitehouse.gov/cea/blog/2021/09/17/the-economic-benefits-of-extending-permanent-legal-status-to-unauthorized-immigrants/.
\61\ George J. Borjas, ``The Earnings of Undocumented
Immigrants,'' National Bureau of Economic Research (Mar. 2017),
https://www.nber.org/papers/w23236 (providing that noncitizens
without authorization to work earn less than those with employment
authorization).
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Additional remittances sent back to Ecuador, together with other
efforts to improve the investment climate and infrastructure in the
country and address security concerns, may promote economic development
and address some of the root causes of migration.\62\ In total,
remittances sent to Ecuador amounted to $603.97 million in 2021, a
significant contribution to development in communities in Ecuador.\63\
Remittances provide a crucial financial lifeline that enhances economic
development and promotes economic stability for many individuals,
families, and communities in Ecuador, impacting individual decisions on
whether to leave the country. In the absence of timely alternative
options for lawful pathways, such as parole under this process, and the
additional remittances that are anticipated to result from
implementation of this process, noncitizens are more likely to turn to
irregular migration in the short-term.
---------------------------------------------------------------------------
\62\ Pew Research Center, Remittances from Abroad are major
economic assets for some developing countries (Jan. 29, 2018),
https://www.pewresearch.org/fact-tank/2018/01/29/remittances-from-abroad-are-major-economic-assets-for-some-developing-countries/; see
also NSC, U.S. Strategy for Addressing the Root Causes of Migration
in Central America (July 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf; Atlas of
Sustainable Development Goals, Remittances: a lifeline for many
economies, The World Bank (2020) https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/.
\63\ Statista, Personal remittances paid in Ecuador from 1999 to
2021, https://www.statista.com/statistics/1390805/personal-
remittances-paid-ecuador/
#:~:text=The%20personal%20remittances%20paid%20in,have%20been%20subje
ct%20to%20fluctuation (last visited July 6, 2023). See also The
World Bank, Data, GDP (current US$)--Ecuador, https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?end=2021&locations=EC&start=2019 (last visited July
31, 2023), which indicates that the 2021 GDP for Ecuador was 106.17
billion US dollars.
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V. Eligibility
A. Petitioners
Invitations to participate in this process will be issued to
certain petitioners who have an approved Form I-130 filed on behalf of
an Ecuadorian principal beneficiary. Invitations will be issued based
on operational capacity, the expected period of time until the
principal beneficiary's immigrant visa becomes available, and in a
manner calibrated to best achieve the policy aims of this process as
described in this Notice. Petitioners who have an approved \64\ Form I-
130 filed on behalf of an Ecuadorian principal beneficiary outside the
United States should ensure that their mailing address and other
contact information are up to date with State's National Visa Center
(NVC), as this is the information that will be used to issue
invitations. The invitations will provide information about how the
petitioner may file a request with USCIS that initiates this FRP
process on behalf
[[Page 78769]]
of an Ecuadorian principal beneficiary of an approved Form I-130, and
separate requests for any immediate family members of the principal
beneficiary. As part of the request process, the petitioner will be
required to provide evidence of their income and assets and commit to
provide financial support to the beneficiary named in the request for
the length of their parole by submitting Form I-134A online.
Petitioners will also be required to provide evidence to verify the
family relationships between the principal beneficiary of the Form I-
130 and all immediate family members of the principal beneficiary for
whom the petitioner will be filing a request under this process. As
part of the review process, the petitioner must pass security and
background vetting, including for public safety, national security,
human trafficking, and exploitation concerns.
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\64\ In certain circumstances, such as if the beneficiary is no
longer eligible for the Form I-130 (e.g., the petitioner is no
longer an LPR or U.S.C.), parole would be denied, and the Form I-130
approval would be revoked. If DHS revokes Form I-130 approval, the
beneficiary will no longer be eligible for an immigrant visa. DHS
will make these determinations on a case-by-case basis and will
provide a written notice.
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B. Beneficiaries
A beneficiary is a national of Ecuador (or their immediate family
member of any nationality) who is outside the United States and who may
be considered for a discretionary grant of parole under this FRP
process. To be considered for a discretionary issuance of advance
authorization to travel to the United States to seek a discretionary
grant of parole at the POE under this process, a beneficiary must:
Be outside the United States;
Be the principal beneficiary (or a derivative beneficiary
spouse or child) \65\ of an approved Form I-130, Petition for Alien
Relative;
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\65\ See INA sec. 203(d), 8 U.S.C. 1153(d); see also INA sec.
101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in general, as
meaning ``an unmarried person under twenty-one years of age''). If a
principal beneficiary married or had a child after USCIS approved
the underlying Form I-130, that spouse or unmarried child under 21
may in some circumstances become a derivative beneficiary and may be
eligible for parole based on their relationship to the principal
beneficiary. Such ``add-on derivatives'' are included within the
term ``derivative'' in this notice.
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Be a national of Ecuador or be a non-Ecuadorian derivative
beneficiary spouse or child \66\ of an Ecuadorian principal
beneficiary;
---------------------------------------------------------------------------
\66\ Certain non-Ecuadorians may use this process if they are a
derivative beneficiary of an Ecuadorian principal beneficiary and
traveling with that Ecuadorian beneficiary.
---------------------------------------------------------------------------
Have a petitioning relative in the United States who
received an invitation to initiate this FRP process on the
beneficiary's behalf by filing a Form I-134A;
Have a U.S.-based petitioning relative who filed a Form I-
134A on the beneficiary's behalf that USCIS has vetted and confirmed;
Have not yet been issued an immigrant visa at the time the
invitation is issued to the petitioning relative; and
Have an unexpired passport valid for international travel,
or possess alternative acceptable documentation as described in the
invitation letter issued to the petitioning relative.
In addition, each beneficiary must undergo and pass national
security and public safety vetting and must demonstrate that they
otherwise merit a favorable exercise of discretion by DHS. This
includes vetting by CBP prior to issuance of advance authorization to
travel to an interior POE to seek parole, as well as additional vetting
and collection of additional biometrics at the POE by CBP upon
inspection, as described in the section of this Notice that details the
processing steps for this FRP process. CBP will consider a
beneficiary's previous immigration history, encounters with USG
entities, and the results of screening and vetting when determining
eligibility to be issued advance authorization to travel to the United
States, as well as when determining, on a case-by-case basis, whether
to grant parole to the beneficiary at the POE. When making these
discretionary approvals of advance authorization to travel and parole
determinations, DHS will consider a beneficiary to be ineligible for
this process if the beneficiary has:
Crossed irregularly into the United States, between POEs,
after November 16, 2023, except DHS will not consider a beneficiary to
be ineligible based on a single instance of voluntary departure
pursuant to section 240B of the INA, 8 U.S.C. 1229c, or withdrawal of
their application for admission pursuant to section 235(a)(4) of the
INA, 8 U.S.C. 1225(a)(4);
Been interdicted at sea \67\ after November 16, 2023; or
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\67\ 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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Been ordered removed from the United States within the
prior five years or is subject to a bar to admissibility based on a
prior removal order.\68\
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\68\ See, e.g., INA sec. 212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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DHS also will consider other factors in making discretionary
determinations consistent with long-standing policy and practice.
Each beneficiary must demonstrate that a grant of parole is
warranted based on urgent humanitarian reasons or significant public
benefit, and that the beneficiary merits a favorable exercise of
discretion in order for CBP to grant parole upon arrival at the POE.
Each beneficiary must also comply with all additional requirements,
including vaccination requirements and other public health guidelines.
Participation in this process is not limited to those beneficiaries
currently living in Ecuador. However, as noted above, beneficiaries
must be outside the United States to participate in the process. In
order to use the advance authorization to travel to the United States,
the beneficiary must have sufficient documentation (e.g., international
passport) to travel on a commercial airline. Beneficiaries under the
age of 18 to whom CBP issues advance authorization to travel under this
process may be subject to additional screening and/or travel parameters
in coordination with U.S. authorities to ensure appropriate travel
arrangements and coordination with their parent(s) or legal
guardian(s). This FRP process does not affect CBP's legal obligations
regarding the identification and processing of unaccompanied
children.\69\
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\69\ See 6 U.S.C. 279(g)(2) (defining ``unaccompanied alien
child'').
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A potential beneficiary of this process who enters the United
States between POEs after November 16, 2023, rather than being
considered for parole under this process, will be ineligible for this
process, except as indicated above, and will be processed under Title 8
of the U.S. Code and face appropriate consequences. For example, they
may be subject to potential criminal prosecution,\70\ expedited removal
proceedings,\71\ or removal proceedings under section 240 of the INA, 8
U.S.C. 1229a. In addition, potential beneficiaries who enter the United
States between POEs may become ineligible for adjustment of status \72\
or for an immigrant visa \73\ as a result of
[[Page 78770]]
entering without inspection and not having been admitted or
paroled.\74\
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\70\ INA secs. 275 and 276, 8 U.S.C. 1325 and 1326 (for illegal
entry and reentry, respectively).
\71\ INA sec. 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i).
\72\ INA sec. 245(a), 8 U.S.C. 1255(a) (requiring adjustment of
status applicants to be inspected and admitted or inspected and
paroled, as well as be admissible); INA sec. 245(c)(2), 8 U.S.C.
1255(c)(2) (adjustment of status applicants are ineligible if they
are in unlawful immigration status on the date of filing the
application for adjustment of status or fail to maintain
continuously a lawful status since entry into the United States);
INA sec. 212(a), 8 U.S.C. 1182(a) (grounds of inadmissibility that,
absent the granting of an available waiver, render applicants for
adjustment of status ineligible).
\73\ INA sec. 221(g), 8 U.S.C. 1201(g) (immigrant visa
applicants are ineligible for immigrant visas if inadmissible under
INA sec. 212(a), 8 U.S.C. 1182(a)); INA sec. 212(a), 8 U.S.C.
1182(a) (grounds of inadmissibility that render applicants for
immigrant visas ineligible).
\74\ For example, an applicant for adjustment of status who
previously accrued more than one year of unlawful presence,
departed, and thereafter reentered the United States without
admission or parole is inadmissible and ineligible for adjustment
unless they apply for and obtain consent to reapply for admission
from outside the United States after waiting ten years after their
last departure from the United States. See INA sec.
212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I). In addition, an
applicant for an immigrant visa who accrued more than 180 days of
unlawful presence in the United States, departed (or is removed, as
applicable), and again seeks admission (by filing an immigrant visa
application) within 3 or 10 years of departure (or removal) is
inadmissible and ineligible for an immigrant visa unless they apply
for and obtain a waiver of inadmissibility. See INA sec.
212(a)(9)(B), 8 U.S.C. 1182(a)(9)(B). Additionally, an applicant for
an immigrant visa who was ordered removed, departed, and again seeks
admission within certain periods of time thereafter is inadmissible
and therefore ineligible for an immigrant visa unless they apply for
and obtain consent to reapply for admission. See INA sec.
212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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C. Processing Steps
This FRP process will be implemented in light of lessons learned
from the original CFRP and HFRP programs and will build on
technological advancements and efficiencies developed since the
inception of CFRP and HFRP. All steps of the process, except certain
medical requirements, and the ultimate parole determination made in
person, on a case-by-case basis, by CBP at the POE, will generally be
completed online, including individualized, case-by-case identity and
eligibility determinations and robust security vetting.
Step 1: Invitation Sent to Petitioner
An invitation may be sent to a petitioner who has filed an approved
Form I-130 on behalf of the potential principal and derivative
beneficiaries. The decision whether to send the invitation is based on
multiple discretionary factors. Such factors may include operational
capacity considerations, the expected period of time until the
beneficiary's immigrant visa becomes available, as well as other
measures calibrated to best achieve the policy aims of this process as
described in this Notice. Only after receiving an invitation may the
petitioner be permitted to file a request and initiate consideration
under this FRP process. The invitation will instruct the petitioner on
next steps to initiate this process on behalf of the beneficiaries,
including instructions on documentation to include in their Form I-
134A. Each invitation will include an identifying number that the
petitioner must include in the Form I-134A for each beneficiary on
whose behalf they wish to request to be a supporter and to initiate
consideration for advance authorization to travel to the United States
to seek parole at an interior POE.
Step 2: Petitioner Files Form I-134a Online To Initiate This Process
After receiving an invitation, the U.S.C. or LPR petitioner who
filed the approved Form I-130 on behalf of the beneficiaries may submit
a Form I-134A for each beneficiary with USCIS through the USCIS online
system to initiate this process. The Form I-134A identifies and
collects information on both the petitioner and the beneficiary. The
petitioner must submit a separate Form I-134A for each beneficiary,
including derivatives of the principal beneficiary. The petitioner must
submit evidence establishing their income and assets and commit to
provide financial support to the beneficiary for the duration of
parole. The petitioner must also submit evidence establishing the
family relationships between the principal beneficiary and all
derivative beneficiaries. USCIS will perform background checks on the
petitioner and verify their financial information to ensure that the
petitioner is able to financially support the beneficiary. If the
petitioner's Form I-134A is confirmed, then the request proceeds to the
next step.
Step 3: Beneficiary Electronically Provides Information To Support the
Request
If a petitioner's Form I-134A is confirmed by USCIS, then the
beneficiary named on the Form I-134A will receive an email from USCIS
with instructions to create a USCIS online account and next steps for
completing the request. The beneficiary will be required to confirm
their biographic information in their online account and attest to
meeting eligibility requirements.
As part of confirming eligibility in their USCIS online account, a
beneficiary who seeks advance authorization to travel to the United
States will need to confirm that they meet public health requirements,
including certain vaccination requirements.
Step 4: Beneficiary Submits Request in CBP One Mobile Application
After confirming biographic information in their USCIS online
account and completing required eligibility attestations, the
beneficiary will receive instructions through USCIS for accessing the
CBP One mobile application. The beneficiary must enter certain
biographic and biometric information--including a ``live'' facial
photograph--into CBP One.
Step 5: Approval To Travel to the United States
A beneficiary who establishes eligibility for this process, passes
all the requisite vetting, and demonstrates that they otherwise warrant
a favorable exercise of discretion, may receive an electronic advance
authorization to travel from CBP, facilitating their ability to travel
to the United States to seek a discretionary grant of parole, on a
case-by-case basis, at an interior POE. The beneficiary will receive a
notice in their USCIS online account confirming whether CBP has, in
CBP's discretion, provided the beneficiary with advance authorization
to travel to the United States. If approved, the beneficiary is
responsible for securing their own travel via commercial air to an
interior POE.\75\ Approval of advance authorization to travel does not
guarantee a beneficiary will be paroled into the United States upon
inspection at the POE. Whether to parole the beneficiary is a
discretionary, case-by-case determination made by CBP at the time the
beneficiary arrives at the interior POE.
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\75\ Air carriers can validate an approved and valid travel
authorization submission using the same mechanisms that are
currently in place to validate that a traveler has a valid visa or
other documentation to facilitate issuance of a boarding pass for
air travel.
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Step 6: Beneficiary Seeks Parole at the POE
CBP will inspect each beneficiary arriving at an interior POE under
this process and consider each individual, on a case-by-case basis, for
a grant of discretionary parole for a period of up to three years.
Upon arrival at the interior POE, the beneficiary will be required
to submit additional biometrics to DHS, including another photograph
and fingerprints. This biometric information will support additional
vetting against available databases to inform an independent
determination by CBP officers as to whether parole is warranted on a
case-by-case basis and whether the beneficiary merits a favorable
exercise of discretion.
A beneficiary who is determined to pose a national security or
public safety threat will generally be denied parole under this process
and will be processed consistent with established policy and procedure.
A beneficiary who otherwise does not warrant parole pursuant to section
212(d)(5)(A) of the INA, 8 U.S.C. 1182(d)(5)(A), and as a matter of
discretion upon inspection, will be processed under an appropriate
[[Page 78771]]
disposition and may be referred to U.S. Immigration and Customs
Enforcement (ICE) for detention.
Step 7: Parole
If granted parole at the POE, on a case-by-case basis in the
exercise of discretion for urgent humanitarian reasons or significant
public benefit, parole will generally be granted for a period of up to
three years, subject to satisfying applicable health and vetting
requirements, and the parolee will be eligible to apply for employment
authorization for the duration of the parole period.\76\
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\76\ 8 CFR 274a.12(c)(11).
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All of the steps in this process, including the decision to confirm
or non-confirm the Form I-134A, as well as the decision whether to
issue advance authorization to travel and the parole decision at the
interior POE, are entirely discretionary and not subject to appeal on
any grounds. Parole may be terminated upon notice at DHS discretion,
and the noncitizen may be placed into removal proceedings and/or
detained if, for example, the parolee fails to maintain the conditions
of parole or other derogatory information emerges during the parole
period.
D. Termination and No Private Rights
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 ``in his
discretion.'' This process is being implemented as a matter of the
Secretary's discretion, and the Secretary retains the sole discretion
to terminate this FRP process at any point. It is not intended to,
shall not be construed to, may not be relied upon to, and does not
create any rights, privileges, benefits, substantive or procedural,
enforceable by any party in any matter, civil or criminal, against the
United States, its departments, agencies, or other entities, its
officers or employees, or any other person.
VI. Considerations in the Establishment of This FRP Process
DHS has considered the potential impact of this FRP process on
individuals applying for benefits under other immigration programs or
processes, given that USCIS and CBP may reassign employees and
reallocate resources to administer this process. This reassignment or
reallocation could potentially impact processing times for USCIS- or
CBP-administered immigration programs and processes or forms such as
parole-related employment authorization applications. Beneficiaries who
are paroled into the United States under this FRP process may have to
wait before being authorized to work in the United States, depending on
the amount of time it takes USCIS to process beneficiaries' requests
for employment authorization.\77\ However, the impact of that waiting
period is to some extent mitigated by the requirements of this process.
Beneficiaries may not be paroled under this process unless their Form
I-130 petitioner has filed on their behalf to initiate the FRP process,
requesting to be a supporter and declaring their ability to financially
support the beneficiary. As noted above, the petitioner must provide
evidence to demonstrate their ability to support the beneficiary or
must include similar evidence establishing that with the help of a co-
supporter, they have the financial means to support the beneficiary.
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\77\ USCIS, Check Case Processing Times, https://egov.uscis.gov/processing-times/ (last visited Oct. 25, 2023). This website
provides the approximate processing time a parolee can expect when
filing Form I-765, Application for Employment Authorization.
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Although personnel and resources may be diverted from other similar
processes and programs or for the adjudication of forms such as parole-
related employment authorization applications, participation in this
process is by invitation only. DHS can adjust the number of invitations
issued to alleviate pressure as resource limitations require.
Therefore, for the processing of employment authorization applications,
for example, the adjudication burden on USCIS can be controlled and
limited as needed under this FRP process. As detailed above, each
beneficiary of this process who is diverted away from irregular
migration will also reduce the strain on border reception and
processing capacity. Therefore, these costs are not significant enough
to outweigh the benefits of the process.
DHS also considered the alternative approach of not establishing
this process. As stated throughout this Notice, this process will
provide many benefits and has few drawbacks. DHS has made an effort to
identify and consider any reliance interests of the parties affected by
establishment of this process. As explained in detail above, DHS has
determined that there are significant public benefits of the case-by-
case parole of noncitizens under this process. DHS also recognizes
there are costs that may be incurred, such as for schools and social
services (such as health care) in the period between their parole into
the United States and the time when a beneficiary's immigrant visa
already would have become available (at which point they soon
thereafter would, in general, have been admitted as immigrants).
Ultimately, DHS has determined that the significant public benefits of
the case-by-case parole of noncitizens under this FRP process to the
United States, and to other affected parties, including the reduction
in irregular migration expected to be accomplished in connection with
this process, justify the costs that may be incurred, while noting that
this FRP process will not increase the total number of individuals
eligible to enter the United States, as the potential beneficiaries
already have a pathway to lawful permanent residence.\78\
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\78\ See, e.g., National Academies of Sciences, Engineering, and
Medicine, ``The Economic and Fiscal Consequences of Immigration''
(2017), https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration.
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Alternatively, as discussed below, a decision to forego
establishing this process would adversely affect the United States'
ability to negotiate for and request additional enforcement measures
and increased cooperation from foreign partners with respect to
removals and ensure continued collaboration on migration management. In
addition, certain nationals of Ecuador still waiting for their
immigrant visas to become available would remain separated from their
family members for an extended period of time and could resort to
irregular migration without this process. For any such Ecuadorian
nationals, the USG would need to commit resources to respond to their
arrival, processing, and removal pursuant to the INA. Those who manage
to cross the border without being encountered by CBP would join the
population of noncitizens living in the United States without
authorization, unable to legally seek employment. The states in which
they settle may be less likely to benefit from additional tax revenues
and other positive economic contributions these noncitizens would have
provided if they had a lawful pathway like this FRP process through
which they may apply for employment authorization while they wait to
apply to adjust to LPR status.
VII. Regulatory Requirements
A. Administrative Procedure Act
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.
[[Page 78772]]
First, DHS is merely adopting a general statement of policy,\79\
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.'' \80\ 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 ``in his discretion.'' This policy creates a process for
making discretionary, case-by-case parole decisions.
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\79\ 5 U.S.C. 553(b)(A).
\80\ See 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 would be
exempt from such requirements because it involves a foreign affairs
function of the United States.\81\ Courts have held that this exemption
applies when the rule in question ``is clearly and directly involved in
a foreign affairs function.'' \82\ In addition, although the text of
the Administrative Procedure Act does not require an agency invoking
this exemption to show that such procedures may result in ``definitely
undesirable international consequences,'' some courts have required
such a showing.\83\
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\81\ 5 U.S.C. 553(a)(1).
\82\ See, e.g., Mast Indus. v. Regan, 596 F. Supp. 1567, 1582
(C.I.T. 1984) (cleaned up).
\83\ See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 (2d Cir.
2008).
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This process satisfies both standards. Specifically, as discussed
in the section above entitled, Furthering Important Foreign Policy
Objectives, this FRP process is one part of the United States' ongoing
efforts to engage hemispheric partners to increase their efforts to
collaboratively manage irregular migration. As discussed in that
section, and as further explained below, the expansion of lawful
pathways for noncitizens to enter the United States is necessary to
ensure our partners' continued collaboration on migration issues,
including the ability of the United States to meet other immigration-
management priorities such as the timely establishment of SMOs, which
facilitate access to lawful pathways to the United States and other
countries, family reunification, and access to temporary work
visas.\84\ Since the April 27, 2023 announcement,\85\ the United States
has engaged in ongoing negotiations to implement the announced
initiatives in close coordination with regional partners including
establishing SMOs in Colombia, Guatemala, and Costa Rica as part of its
strategy to manage migration collaboratively in the Western Hemisphere.
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\84\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration, Apr. 27, 2023, https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration.
\85\ Id.
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As with the four recently implemented FRP processes and the
modernization of the CFRP and HFRP processes, delaying issuance and
implementation of this process to undertake rulemaking would complicate
broader discussions and ongoing negotiations with key foreign partners
about migration management. Ongoing negotiations with regional partners
involve the implementation of a range of new measures, including
establishing SMOs in key locations throughout the Western Hemisphere to
manage and reduce irregular migration and improve qualified
noncitizens' access to accelerated refugee processing, family
reunification, and labor pathways in the United States. As a key part
of these negotiations, the United States and its partners are providing
meaningful alternatives to irregular migration, including through
lawful pathways to the United States, Canada, and Spain, as well as
integration in host countries closer to home. The success of SMOs and
other new measures to reduce irregular migration to the SWB is
therefore connected to the United States expanding access to lawful
pathways, including FRP processes that will benefit nationals in
countries identified to host SMOs.
Ecuador is committed to diminishing the flow of irregular migrants
from Ecuador northward by imposing additional visa requirements for
certain nationalities. To that end, Ecuador unilaterally has taken two
very critical actions to prevent certain nationalities from abusing
Ecuador's visa regime to irregularly travel to the Western Hemisphere.
Ecuador passed new legislation imposing additional visa requirements on
nationals arriving from Chad, Guinea-Bissau, Kyrgyzstan, Mauritania,
Sierra Leone, Sudan, and South Sudan.\86\ The new law went into effect
on August 3, 2023, and since then, all new travelers from the seven
countries must have visas prior to arrival in Ecuador. These additional
nationalities follow Ecuador's late 2022 decision to add visa
requirements for nationals arriving from Albania, Tajikistan, and
Uzbekistan.\87\ While Ecuador is taking this action unilaterally,
representatives of the Government of Ecuador have emphasized the
critical importance of availability of lawful pathways for Ecuadorian
nationals, including labor pathways and processes for nationals of
Ecuador to reunify with their family members in the United States.\88\
Similarly, Foreign Minister Gustavo Manrique shared with local press
that Ecuador is negotiating with the United States on hosting SMOs and
noted their position on family reunification and labor pathways for
Ecuadorians.\89\ After months of negotiations, on October 19, the USG
and the Government of Ecuador announced the establishment of SMOs in
Ecuador.\90\ In DHS's judgment, the delay associated with a public
rulemaking process involving notice and comment and a delayed effective
date would negatively impact ongoing efforts to operationalize SMOs in
Ecuador to channel migrants to lawful pathways.
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\86\ Ministry of Foreign Affairs of Ecuador, LISTA DE
PA[Iacute]SES QUE DEBEN PRESENTAR VISA AL INGRESAR AL ECUADOR,
https://www.cancilleria.gob.ec/2020/06/30/lista-de-paises-que-deben-presentar-visa-al-ingresar-al-ecuador/ (last visited Sept. 21,
2023).
\87\ Id.
\88\ The Department of State, Quito PRM Regional Refugee
Coordinator Report, 23 QUITO 648, July 21, 2023.
\89\ Gustavo Manrique: ``Dialogamos con EE.UU. para que los
migrantes puedan tener una reunificaci[oacute]n familiar'' (Gustavo
Manrique: ``We are in dialogue with the US so that migrants can have
family reunification''), July 10, 2023, https://www.ecuavisa.com/noticias/politica/gustavo-manrique-dialogamos-con-ee-uu-para-que-los-migrantes-puedan-tener-una-reunificacion-familiar-YK5509735.
\90\ The Department of State, Announcement of Safe Mobility
Office in Ecuador, Oct. 19, 2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
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Such a delay would also be inconsistent with the dispatch with
which DHS has appropriately implemented other FRP processes. Such
processes support a series of efforts that the United States has been
pursuing in the hemisphere to increase the availability of lawful
pathways for migration and involve additional countries with
destination pathways and as host countries for certain processing
initiatives. The ability to implement such processes rapidly is
critical for supporting the Administration's overall goals as part of
these efforts, which include multi-faceted negotiations with a range of
regional partners.
For instance, on May 2, 2023, the United States and Mexico jointly
announced a number of measures to address the humanitarian situation
caused by unprecedented migration flows in the hemisphere by creating
incentives for migrants to use lawful pathways, while announcing that
[[Page 78773]]
consequences for unlawful entry would continue once the Title 42 public
health Order was lifted. The announcements emphasized the importance of
strengthening and expanding access to lawful pathways, which will
continue to remain a central topic of bilateral relations.\91\
Specifically, the United States stated its intention to welcome as many
as 100,000 noncitizens from El Salvador, Guatemala, and Honduras under
the FRP processes, while the Government of Mexico recognized the value
in SMOs and is considering how it can contribute to their success.\92\
Mexico concurrently agreed to continue to implement the joint
initiative whereby the United States provides a lawful pathway through
parole for nationals of Cuba, Haiti, Nicaragua, and Venezuela, while
Mexico would accept the return of certain third-country migrants on
humanitarian grounds beyond the lifting of the Title 42 public health
Order on May 11, 2023.\93\
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\91\ See Mexico and United States Strengthen Joint Humanitarian
Plan on Migration, May 2, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/.
\92\ Id.
\93\ Id.
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Similarly, on July 28, 2023, building on a series of successful
lawful pathway initiatives the United States and the Government of
Mexico agreed to launch last year,\94\ the United States announced
additional steps to expand access to safe, orderly, and lawful pathways
for migration.\95\ On July 28, the United States noted its full support
to the Government of Mexico of efforts to establish international
multipurpose space in Mexico to offer protection and labor pathways,
including accepting refugee resettlement referrals to the U.S. Refugee
Admissions Program from qualified noncitizens from Cuba, Haiti,
Nicaragua, and Venezuela.\96\ The United States and the Government of
Mexico are working to implement this new commitment to expand access to
lawful pathways. As stated in the Federal Register Notices implementing
family reunification processes for certain nationals of Colombia,\97\
El Salvador,\98\ Guatemala,\99\ and Honduras,\100\ a delay in
implementation of the U.S. commitment on family reunification pathways
risks undermining Mexico's commitments, which are critical to the U.S.
foreign policy approach to migration management in the Western
Hemisphere.
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\94\ See The White House, Remarks by President Biden and
President L[oacute]pez Obrador of Mexico Before Bilateral Meeting,
July 12, 2022, https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/07/12/remarks-by-president-biden-and-president-lopez-obrador-of-mexico-before-bilateral-meeting-2/.
\95\ See The White House, Statement from National Security
Advisor Jake Sullivan on Legal Pathways Initiative with Mexico, July
28, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/28/statement-from-national-security-advisor-jake-sullivan-on-legal-pathways-initiative-with-mexico/.
\96\ Id.
\97\ See Implementation of a Family Reunification Parole Process
for Colombians, 88 FR 43591 (July 10, 2023).
\98\ See Implementation of a Family Reunification Parole Process
for Salvadorans, 88 FR 43611 (July 10, 2023).
\99\ See Implementation of a Family Reunification Parole Process
for Guatemalans, 88 FR 43581 (July 10, 2023).
\100\ See Implementation of a Family Reunification Parole
Process for Hondurans, 88 FR 43601 (July 10, 2023).
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Additionally, after a series of negotiations, on June 1, 2023, the
United States and Guatemala issued a joint statement to commit to take
a series of critical steps to humanely reduce irregular migration and
expand lawful pathways under the L.A. Declaration.\101\ As the first
step of a comprehensive program to manage irregular migration, both
countries are implementing a six-month pilot phase of SMOs.\102\ These
offices began accepting appointments on the website movilidadsegura.org
on June 12, 2023.\103\ In the same announcement, the United States and
Guatemala stated that they will also deepen cooperation on border
security and will continue to address the root causes of irregular
migration.\104\
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\101\ See The White House, Joint Statement from the United
States and Guatemala on Migration (June 1, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/.
\102\ Id.
\103\ Id.
\104\ Id.
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In addition, on June 4, 2023, the United States and Colombia
announced the impending establishment of SMOs that would identify,
register, and categorize the reasons for irregular migration and
channel those who qualify through lawful pathways from Colombia to the
United States.\105\ The Safe Mobility initiative launched in Colombia
on June 28, 2023, with SMOs currently operational in three cities
throughout the country. SMOs in Colombia serve to facilitate access to
lawful pathways to the United States and other countries, including
expedited refugee processing and other humanitarian pathways.\106\ The
U.S. government also reaffirmed its commitment to expand lawful
pathways for Colombians with temporary work visas and expanded family
reunification.\107\
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\105\ See United States Department of State, U.S.-Colombia Joint
Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 4, 2023), https://www.state.gov/u-s-colombia-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/. See The White House, Readout of Principal Deputy
National Security Advisor Jon Finer's Meeting with Colombian Foreign
Minister Alvaro Leyva (June 11, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/11/readout-of-principal-deputy-national-security-advisor-jon-finers-meeting-with-colombian-foreign-minister-alvaro-leyva/.
\106\ Id.
\107\ Id.
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Furthermore, on June 12, 2023, the USG and the Government of Costa
Rica, in furtherance of bilateral partnership and addressing
hemispheric challenge of irregular migration, launched an exploratory
six-month implementation of SMOs.\108\ SMOs in Costa Rica serve to
facilitate access to lawful pathways to the United States and other
countries, including expedited refugee processing and other
humanitarian pathways.\109\ In addition to starting the SMOs
initiative, the USG and the Government of Costa Rica reaffirmed their
commitment to work with all countries across the region to promote
integration of refugees and migrants, expand lawful pathways, and
promote humane border management.\110\
---------------------------------------------------------------------------
\108\ See United States Department of State, U.S.-Costa Rica
Joint Commitment to Address the Hemispheric Challenge of Irregular
Migration (June 12, 2023), https://www.state.gov/u-s-costa-rica-joint-commitment-to-address-the-hemispheric-challenge-of-irregular-migration/.
\109\ Id.
\110\ Id.
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Overall, delaying issuance and implementation of this process to
undertake rulemaking would complicate ongoing negotiations with the
Government of Ecuador, specifically, and overall U.S. efforts to manage
migration together with foreign partners. Because this FRP process is
an example of the United States' shared commitment to managing
migration consistent with the L.A. Declaration and has been a key point
in ongoing negotiations and partnerships, such a delay would risk
undermining partner countries' multilateral and unilateral efforts, and
in the case of Ecuador, putting at risk multiple efforts, including the
United States' ability to continue SMO operations in Ecuador and
Ecuador's willingness to unilaterally impose certain visa restrictions,
which are critical to the U.S. foreign policy approach to migration
management in the Western Hemisphere.
Furthermore, the delay associated with implementing this process
through notice-and-comment rulemaking would
[[Page 78774]]
adversely affect the United States' ability to negotiate for and
request additional enforcement measures and increased cooperation with
removals. In diplomatic engagements, regional partner countries have
repeatedly requested additional lawful pathways in return for increased
law enforcement measures throughout the migratory routes, imposing
additional requirements on key nationalities using their countries as a
gateway to make irregular journeys to the SWB, and accepting additional
removal flights with significantly reduced manifest times. As
encounters of Ecuadorians along the SWB have remained high compared to
the same months last year, maintaining and expanding their cooperation
on removals is necessary to effectively manage irregular migration.
Demographics and dynamics are evolving and difficult to predict,
requiring flexibility in the responses of all governments involved. A
key means of delivering on these partnerships, in keeping with the U.S.
strategy and approach on migration management overall, is to make
available lawful pathways to provide safe and orderly alternatives to
the danger and consequences of irregular migration.
The invocation of the foreign affairs exemption here is also
consistent with DHS precedent. For example, in 2017, DHS published a
notice eliminating an exception to expedited removal for certain Cuban
nationals, which explained that the change in policy was consistent
with the foreign affairs exemption because the change was central to
ongoing negotiations between the two countries.\111\ DHS similarly
invoked the foreign affairs exemption more recently in connection with
the CHNV parole processes \112\ and family reunification parole
processes for certain nationals of Colombia, El Salvador, Guatemala,
and Honduras announced on July 10, 2023.\113\
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\111\ See Eliminating Exception To Expedited Removal Authority
for Cuban Nationals Encountered in the United States or Arriving by
Sea, 82 FR 4902 (Jan. 17, 2017).
\112\ See Implementation of a Parole Process for Cubans, 88 FR
1266 (Jan. 9, 2023); Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); Implementation
of Changes to the Parole Process for Venezuelans, 88 FR 1282 (Jan.
9, 2023); Implementation of a Parole Process for Venezuelans, 87 FR
63507 (Oct. 19, 2022).
\113\ See DHS Announces Family Reunification Parole Processes
for Colombia, El Salvador, Guatemala, and Honduras, July 17, 2023,
https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala;
Implementation of a Family Reunification Parole Process for
Colombians, 88 FR 43591 (July 10, 2023); Implementation of a Family
Reunification Parole Process for Salvadorans, 88 FR 43611 (July 10,
2023); Implementation of a Family Reunification Parole Process for
Guatemalans, 88 FR 43581 (July 10, 2023); and Implementation of a
Family Reunification Parole Process for Hondurans, 88 FR 43601 (July
10, 2023).
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B. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any new reporting requirements
they impose. The process announced by this notice requires changes to
the collections of information on Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support (OMB control number
1615-0157), which will be used for the FRP process for Ecuadorians and
is being revised in connection with this notice by increasing the
burden estimate. This process also requires changes to the collection
of information for Advance Travel Authorization (ATA) (OMB Control
Number 1651-0143); the revision to the ATA collection will add Ecuador
to the list of countries authorized to utilize ATA. USCIS and CBP have
submitted, and OMB has approved, requests for emergency authorization
for OMB approval of the required changes (under 5 CFR 1320.13) to Form
I-134A and ATA for a period of 6 months. USCIS and CBP will issue
respective Federal Register notices seeking comment on these
changes.\114\
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\114\ Per the normal clearance procedures at 5 CFR 1320.10(e).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-25313 Filed 11-15-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P