Implementation of Changes to the Haitian Family Reunification Parole Process

Published date11 August 2023
Record Number2023-17344
Citation88 FR 54635
CourtHomeland Security Department
SectionNotices
54635
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
1
Implementation of Haitian Family Reunification
Parole Program, 79 FR 75581 (Dec. 18, 2014). Note
that, consistent with other processes described in
this notice, DHS now refers to HFRP as a process
rather than a program.
Specialist, Marketing & Outreach,
Federal Insurance, Federal Insurance
and Mitigation Administration, 202–
322–6215, joshua.heath@fema.dhs.gov.
SUPPLEMENTARY INFORMATION
: E.O.
12862 directs Federal Agencies to
provide service to the public that
matches or exceeds the best service
available. Section 1(b) of E.O. 12862
requires government agencies to ‘‘survey
customers to determine the kind and
quality of services they want.’’ In
addition, the Foundations for Evidence-
Based Policymaking Act of 2018
(‘‘Evidence Act’’) enables agencies to
collect and analyze data to use as
evidence in policymaking, as well as
assess the effectiveness and efficiency of
current programs. To work continuously
to ensure that our programs are effective
and meet our customers’ needs, FEMA
seeks to obtain the Office of
Management and Budget’s (OMB)
approval of a generic clearance to
collect information through mixed
methods (quantitative and qualitative)
to improve marketing, outreach, and
other promotional activities of services,
programs, and opportunities offered by
FEMA.
This proposed information collection
previously published in the Federal
Register on May 5, 2023, at 88 FR 29143
with a 60-day public comment period.
No comments were received. The
purpose of this notice is to notify the
public that FEMA will submit the
information collection abstracted below
to the Office of Management and Budget
for review and clearance.
Collection of Information
Title: Generic Clearance for the Multi-
Modal Mixed Methods Collection of
Information to Inform Agency Marketing
and Outreach.
Type of Information Collection: New
information collection.
OMB Number: 1660–NW131.
FEMA Forms: Not applicable.
Abstract: In accordance with the
Evidence Act, the collected information
will equip FEMA with vital feedback
from the general public and
stakeholders that will allow for
evidence-based improvements to
FEMA’s programs and services. FEMA
will collect, analyze, and interpret
information to identify strengths and
weaknesses of programs based on
current stakeholder experience and
make improvements in the marketing
and other promotional activities based
on feedback.
Affected Public: Individuals and
households, business or other for-profit,
Federal Government, State, local or
Tribal government, non-profit
institutions.
Estimated Number of Respondents:
45,600.
Estimated Number of Responses:
45,600.
Estimated Total Annual Burden
Hours: 7,861.
Estimated Total Annual Respondent
Cost: $374,020.
Estimated Respondents’ Operation
and Maintenance Costs: $0.
Estimated Respondents’ Capital and
Start-Up Costs: $0.
Estimated Total Annual Cost to the
Federal Government: $748,830.
Comments
Comments may be submitted as
indicated in the
ADDRESSES
caption
above. Comments are solicited to (a)
evaluate whether the proposed data
collection is necessary for the proper
performance of the Agency, including
whether the information shall have
practical utility; (b) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) enhance the quality, utility, and
clarity of the information to be
collected; and (d) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Millicent Brown Wilson,
Records Management Branch Chief, Office
of the Chief Administrative Officer, Mission
Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2023–17281 Filed 8–10–23; 8:45 am]
BILLING CODE 9111–52–P
DEPARTMENT OF HOMELAND
SECURITY
[CIS No. 2754–23; DHS Docket No. USCIS–
2014–0013]
RIN 1615–ZC03
Implementation of Changes to the
Haitian Family Reunification Parole
Process
AGENCY
: Department of Homeland
Security (DHS).
ACTION
: Notice of changes to Haitian
Family Reunification Parole.
SUMMARY
: This notice announces that
the Secretary of Homeland Security
(Secretary) has authorized updates to
modernize Haitian Family Reunification
Parole (HFRP). HFRP provides a lawful,
safe, and orderly pathway for certain
Haitians to seek parole into the United
States, allowing them to reunite with
family as they wait for their immigrant
visas to become available so they may
apply to adjust status to lawful
permanent resident (LPR). The Secretary
has authorized these updates to HFRP in
light of technological advancements and
process efficiencies created since the
HFRP’s inception in 2014. Every step of
the updated process will be completed
online with the exception of a medical
exam by a panel physician and the
parole determination made upon arrival
at an interior U.S. port of entry (POE).
DATES
: DHS will begin using the Form
I–134A, Online Request to be a
Supporter and Declaration of Financial
Support, for this process on August 11,
2023.
FOR FURTHER INFORMATION CONTACT
:
Rena
´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
In 2014, U.S. Citizenship and
Immigration Services (USCIS) launched
HFRP to expedite family reunification
through lawful, safe, and orderly
channels of migration to the United
States, increase existing avenues for
lawful migration from Haiti, and help
Haiti in its recovery from the long-term
impacts of the January 12, 2010
earthquake that devastated the country.
1
Under HFRP, the U.S. Government
(USG) invites certain eligible United
States citizen (U.S.C.) and LPR
petitioners to file a request and initiate
consideration for parole for certain
family members in Haiti who are the
beneficiaries of an approved Form I–
130, Petition for Alien Relative. Since it
was established in 2014, HFRP has
allowed certain beneficiaries of family-
based immigrant petitions that were
approved on or before December 18,
2014 to request a discretionary grant of
parole to enter the United States up to
approximately two years before their
immigrant visas become available,
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Id.; see also USCIS, The Haitian Family
Reunification Parole Program (June 22, 2022),
https://www.uscis.gov/humanitarian/humanitarian-
parole/the-haitian-family-reunification-parole-hfrp-
program. To participate in HFRP, beneficiaries must
have a petitioner who filed a Form I–130, Petition
for Alien Relative, on behalf of a principal
beneficiary, and was invited to participate in the
HFRP process after the Form I–130 was approved.
The principal beneficiary of that petitioner’s
approved Form I–130 must be a Haitian national.
3
See Implementation of Haitian Family
Reunification Parole Program, 79 FR 75581 (Dec.
18, 2014). See also USCIS, The Haitian Family
Reunification Parole Program (June 22, 2022),
https://www.uscis.gov/humanitarian/humanitarian-
parole/the-haitian-family-reunification-parole-hfrp-
program.
4
8 CFR 274a.12(c)(11).
5
In August 2019, USCIS announced an intention
to terminate HFRP, although USCIS never formally
terminated the process. See USCIS to End Certain
Categorical Parole Programs (Aug. 2, 2019), https://
www.uscis.gov/archive/uscis-to-end-certain-
categorical-parole-programs. In June 2022, USCIS
reversed its 2019 announcement. See also The
Haitian Family Reunification Parole (HFRP)
Program: Alert (June 22, 2022), https://
www.uscis.gov/humanitarian/humanitarian-parole/
the-haitian-family-reunification-parole-hfrp-
program.
6
On March 19, 2020, the U.S. Embassy Port-au-
Prince, Haiti, issued a Health Alert and suspended
all non-emergency consular services. See Health
Alert—U.S. Embassy Port-au-Prince, Haiti (March
19, 2020), https://ht.usembassy.gov/security-alert-u-
s-embassy-port-au-prince-haiti-january-8-2020-4-3-
2-2-3-2-2-2-3-3-2-2-2-2-2-2-2-3-2-2-4-3-2-2-2-2-5-2-2-
2/.
7
The assassination of Haiti’s late President
Jovenel Moı
¨se exacerbated political and economic
instability in Haiti, undermining state institutions
and generating a power vacuum that has since been
occupied by gangs. See Implementation of a Parole
Process for Haitians, 88 FR 1243, 1246–47 (Jan. 9,
2023) (discussing conditions in Haiti). Due to the
lawlessness in the country, the U.S. Embassy in
Haiti temporarily suspended visa processing and
continues to operate at a limited capacity. See
Security Alert: U.S. Embassy Port-au-Prince, Haiti
(Feb. 5, 2023), https://ht.usembassy.gov/security-
alert-u-s-embassy-port-au-prince-haiti-80. To
further complicate matters, on August 14, 2021, a
7.2 magnitude earthquake hit Haiti, killing more
than 2,200 people, injuring over 12,000 more,
destroying tens of thousands of homes, and
crippling Haiti’s already fragile infrastructure. See
UNICEF, Massive earthquake leaves devastation in
Haiti: UNICEF and partners are on the ground
providing emergency assistance for children and
their families (Oct. 4, 2021), https://
www.unicef.org/emergencies/massive-earthquake-
devastation-haiti.
8
See Implementation of a Family Reunification
Parole Process for Colombians, 88 FR 43591 (July
10, 2023).
9
See Implementation of a Family Reunification
Parole Process for Guatemalans, 88 FR 43581 (July
10, 2023).
10
See Implementation of a Family Reunification
Parole Process for Hondurans, 88 FR 43601 (July
10, 2023).
11
See Implementation of a Family Reunification
Parole Process for Salvadorans, 88 FR 43611 (July
10, 2023).
12
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 of the revocation of the
approved Form I–130.
13
Throughout this notice ‘‘immediate family
members’’ is used as a shorthand for the derivative
beneficiary spouse and children of a principal
beneficiary. See the Immigration and Nationality
Act (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’’).
rather than remain in Haiti awaiting
availability of their immigrant visas.
2
If travel is authorized for the
beneficiaries, these family members are
allowed to travel to the United States
before their immigrant visas become
available and seek parole on a case-by-
case basis upon arrival at a port of entry
(POE) in the United States.
3
If granted
parole into the United States, HFRP
parolees may apply for employment
authorization while they wait for their
immigrant visas to become available so
they may apply to adjust to LPR status.
4
As launched in 2014, USCIS required
invited petitioners to file a completed
Form I–131, Application for Travel
Document, and submit the required
fee(s) or fee waiver request for
consideration of parole for each
beneficiary. USCIS also required that
USCIS officers interview beneficiaries in
Port-au-Prince, Haiti, to verify their
eligibility for HFRP. The National Visa
Center (NVC) at the U.S. Department of
State (State) first issued invitations to
eligible petitioners to apply for HFRP in
March 2015. Due to several factors,
including anticipated policy changes,
5
a
change in Administrations, the
permanent closure of USCIS’s field
office in Port-au-Prince, Haiti, on
December 20, 2019, extremely limited
visa processing due to COVID–19,
6
and
severe insecurity in the country,
7
new
invitations to the HFRP process have
not issued since June 2016 and
interviews have not taken place since
December 2019.
In the meantime, technology has
evolved since the launch of HFRP in
2014. DHS is now able to electronically
collect biographic information and
evidentiary documents to facilitate
identity verification, national security
checks, and public safety vetting. DHS
has expanded capacity to intake forms
through online processes and allow
individuals to upload supporting
documentation directly online as part of
the application process. The updated
process for HFRP utilizes these
technological developments to make the
advance travel authorization and parole
process more efficient and accessible
while maintaining national security and
public safety vetting measures as well as
other measures for case-by-case
adjudication.
In addition, DHS has recently
implemented parole processes that are
similar to HFRP but that follow different
procedures, which utilize these recent
technological developments. These
include the filing of a Form I–134A,
Online Request to be a Supporter and
Declaration of Financial Support, the
use of a fully electronic request for
advance travel authorization (as
opposed to the petitioner’s use of the
Form I–131 under the 2014 HFRP
procedures), and processing without a
requirement for an in-person interview
abroad. Most recently, on July 10, 2023,
DHS implemented family reunification
parole (FRP) processes for certain
Colombians,
8
Guatemalans,
9
Hondurans,
10
and Salvadorans
11
along
these lines. DHS is now conforming the
HFRP process to these recently
announced processes.
II. Modernized Process
A. Petitioners
Invitations to participate in the HFRP
process will continue to issue to certain
petitioners who have an approved Form
I–130 filed on behalf of a Haitian
principal beneficiary. Invitations will
continue to issue at the USG’s
discretion, 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 foreign policy aims of this process.
Petitioners who have an approved
12
Form I–130 filed on behalf of a Haitian
principal beneficiary outside the United
States should ensure that their mailing
address and other contact information
are up to date with State’s 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 to be a
supporter with USCIS to initiate this
process on behalf of a Haitian principal
beneficiary of an approved Form I–130
and how to file separate requests for any
immediate family members
13
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 period of parole. Petitioners will
also be required to provide evidence to
verify the familial relationship 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 to
be a supporter under this process. As
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14
8 U.S.C. 1325, 1326 (for illegal entry and
reentry, respectively).
15
INA sec. 235(b)(1)(A)(i), 8 U.S.C.
1225(b)(1)(A)(i).
16
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), 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
render applicants for adjustment of status
ineligible).
17
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).
18
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).
part of the review process, the petitioner
must also pass security and background
vetting, including for public safety,
national security, human trafficking,
and exploitation concerns.
B. Beneficiaries
Previously, the HFRP process limited
eligibility to Haitian principal
beneficiaries of Forms I–130 and their
immediate family members that were
approved by USCIS on or before
December 18, 2014 and for whom an
immigrant visa was not currently
available. The volume of invitations
issued was limited based on operational
capacity and other factors, as described
above. The revised process is open to all
Haitian principal beneficiaries of an
approved Form I–130 and their
immediate family members who have
not yet received an immigrant visa
regardless of the date on which USCIS
approved the Form I–130. However, as
mentioned above, the process will still
be available on an invitation-only basis.
In addition, individuals whose
immigrant visas were not available but
were expected to become available
within a specific time range were
previously sent invitations to participate
in the HFRP process. USCIS will no
longer apply a time limit for expected
immigrant visa availability. However,
USCIS will consider when a
beneficiary’s immigrant visa is expected
to become available when determining
which petitioners will receive
invitations to initiate this process on
behalf of the beneficiary of their
approved Form I–130.
To be eligible to be considered under
this process, a beneficiary must not have
been issued an immigrant visa at the
time the invitation issues to the
petitioner and, if authorized to travel,
must now travel by commercial air with
sufficient documentation (e.g.,
international passport) to an interior
POE.
In addition, as with the 2014 HFRP
process, 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. Under
this updated process, U.S. Customs and
Border Protection (CBP) will consider a
beneficiary’s previous immigration
history, encounters with USG entities,
and the results of national security and
public safety vetting when determining
a beneficiary’s eligibility to be issued
advance authorization to travel to the
United States. CBP will determine, on a
case-by-case basis, whether to exercise
discretion to grant parole to the
beneficiary at an interior POE upon
their arrival. CBP also will consider
other factors in making discretionary
determinations consistent with long-
standing policy and practice.
Upon arrival at an interior POE, each
beneficiary must demonstrate to CBP
that a grant of parole is warranted based
on a significant public benefit or for
urgent humanitarian reasons and that
the beneficiary merits a favorable
exercise of discretion. Each beneficiary
must also comply with all additional
requirements, including vaccination
requirements and other public health
guidelines, prior to traveling to the
United States.
Participation in this process is not
limited to beneficiaries currently living
in Haiti. However, as noted above,
beneficiaries must be outside the United
States to participate in the process, and
the principal beneficiaries must be
Haitian nationals.
A beneficiary of this process who
enters the United States between POEs
rather than being considered for parole
under this process 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,
14
expedited
removal proceedings,
15
or removal
proceedings under section 240 of the
INA, 8 U.S.C. 1229a. In addition,
beneficiaries who enter the United
States between POEs rather than being
considered for parole under this process
may already be, or may become,
ineligible for adjustment of status
16
or
for an immigrant visa
17
as a result of
entering without inspection and not
having been admitted or paroled.
18
C. Description of Updated Process for
HFRP
DHS announces these updates to the
HFRP process in light of lessons
learned, technological advancements
made, and efficiencies created in parole
processes developed and implemented
since HFRP’s inception in 2014. Except
for the medical exam by a panel
physician and the ultimate parole
determination made in person, on a
case-by-case basis, by CBP at an interior
POE, all steps of the updated HFRP
process will generally be completed
online. As a result, the process will no
longer require an in-country interview
for each beneficiary.
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 principal
beneficiary and any derivative
beneficiaries listed on the Form I–130.
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 file a Form I–134A
request to initiate consideration under
this HFRP process. Participation in the
process will continue to be voluntary.
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 filing. 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.
Step 2: Petitioner Files Form I–134A
Online
After receiving an invitation to
initiate this process, the U.S. citizen
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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.
20
See 6 U.S.C. 279(g)(2) (defining
‘‘unaccompanied alien child’’).
21
8 CFR 274a.12(c)(11).
(U.S.C.) or LPR petitioner who filed the
approved Form I–130 on behalf of the
beneficiaries will submit a Form I–134A
for each beneficiary with USCIS through
the USCIS online web portal. The
petitioner must submit a separate Form
I–134A for each beneficiary, including
derivatives of the principal beneficiary.
The petitioner will not be required to
pay a fee to file Form I–134A. The Form
I–134A identifies and collects
information on both the petitioner and
the 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, 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, the beneficiary
named in 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 their
USCIS online account 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 from
CBP to travel to the United States. This
will facilitate 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 its
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 inside a U.S. airport.
19
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.
Step 6: Beneficiary Seeks Parole at the
POE
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.
20
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 an
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 be denied parole. 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), as a matter of discretion
upon inspection, will be processed
under an appropriate 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, 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.
21
Parole may be terminated upon notice
at DHS’s discretion, and the noncitizen
may be placed into removal proceedings
and/or detained if, for example, the
parolee fails to maintain the conditions
for the parole or other derogatory
information emerges during the parole
period. A noncitizen 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. 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 make the parole decision at the
interior POE, are entirely discretionary
and not subject to appeal on any
grounds.
D. Termination, No Private Rights, and
Severability
The Secretary retains the sole
discretion to terminate this HFRP
process at any point. This process is
being implemented as a matter of the
Secretary’s discretion. It is not intended
to and does not create any rights,
substantive or procedural, enforceable
by any party in any matter, civil or
criminal. The 2014 decision to
implement this process remains
unchanged and is severable from the
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54639
Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices
22
5 U.S.C. 553(b)(A).
23
See Lincoln v. Vigil, 508 U.S. 182, 197 (1993)
(quoting Chrysler Corp. v. Brown, 441 U.S. 281, 302
n.31 (1979)).
24
5 U.S.C. 553(b)(A).
25
5 U.S.C. 553(a)(1).
26
See footnotes 8, 9, 10, and 11; see also DHS
press release ‘‘DHS Announces Family
Reunification Parole Processes for Colombia, El
Salvador, Guatemala, and Honduras’’ (July 7, 2023),
https://www.dhs.gov/news/2023/07/07/dhs-
announces-family-reunification-parole-processes-
colombia-el-salvador-guatemala.
27
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/ and https://www.state.gov/u-s-colombia-
joint-commitment-to-address-the-hemispheric-
challenge-of-irregular-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/.
28
See DHS, Fact Sheet: U.S. Government
Announces Sweeping New Actions to Manage
Regional Migration (April 27, 2023), https://
www.dhs.gov/news/2023/04/27/fact-sheet-us-
government-announces-sweeping-new-actions-
manage-regional-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 the
announcements with hosting countries.
29
Per the normal clearance procedures at 5 CFR
1320.10(e).
procedural updates announced in this
notice.
III. Regulatory Requirements
A. Administrative Procedure Act
The changes to the HFRP process
announced in this notice are exempt
from notice-and-comment rulemaking
and delayed effective date requirements
on multiple grounds and are therefore
amenable to immediate issuance and
implementation.
First, the HFRP process, and these
updates to that process, constitute a
general statement of policy,
22
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.’’
23
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. The updates to
the process do not change the nature of
the policy and fall under the exception
for general statements of policy.
Additionally, this falls under the
separate exception for rules of agency
organization, procedure, or practice
24
because it sets forth updates to how
agencies will implement the HFRP
process.
Second, even if the updates to this
process were considered to be a
legislative rule that will normally be
subject to requirements for notice-and-
comment rulemaking and a delayed
effective date, the updates are exempt
from such requirements because they
involve a foreign affairs function of the
United States.
25
As discussed in the July
10, 2023 notices announcing four new
family reunification processes,
26
the
United States continues to engage
hemispheric partners to increase their
efforts to collaboratively manage
irregular migration.
27
Improving the
efficiency and accessibility of HFRP is
necessary to ensure our foreign partners’
continued collaboration on migration
issues, including the ability of the
United States to meet other
immigration-management priorities
such as the implementation of the initial
phases of Safe Mobility Offices (SMOs)
in Guatemala, Costa Rica, and
Colombia.
28
Also, as with the four new
processes, delays in implementing these
procedural changes would complicate
broader ongoing and future discussions
and negotiations with key foreign
partners about migration management.
As such, foreign partners have requested
that the United States ensure that
functional, efficient lawful pathways
exist for Haitian nationals.
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 updates to the HFRP
process announced by this notice
require changes to the collection of
information on Form I–134A, Online
Request to be a Supporter and
Declaration of Financial Support (OMB
control number 1615–0157), and the
collection of information on Form I–
131, Application for Travel Document
(OMB control number 1615–0013),
which will be used for this HFRP
process and are being revised in
connection with this notice by adjusting
the burden estimate. The updates to this
process also require changes to the
collection of information for Advance
Travel Authorization (ATA) (OMB
Control Number 1651–0143). USCIS and
CBP have submitted, and OMB has
approved, requests for emergency
authorization of the required changes
(under 5 CFR 1320.13) to Form I–134A,
Form I–131, and ATA for a period of six
(6) months. USCIS and CBP will issue
respective 60-day Federal Register
notices seeking comment on these
changes on or before August 25, 2023.
29
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2023–17344 Filed 8–10–23; 8:45 am]
BILLING CODE 9111–97–P ; 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[CIS No. 2753–23; DHS Docket No. USCIS–
2007–0043]
RIN 1615–ZC04
Implementation of Changes to the
Cuban Family Reunification Parole
Process
AGENCY
: Department of Homeland
Security (DHS).
ACTION
: Notice of changes to Cuban
Family Reunification Parole.
SUMMARY
: This notice announces that
the Secretary of Homeland Security
(Secretary) has authorized updates to
modernize Cuban Family Reunification
Parole (CFRP). CFRP provides a lawful,
safe, and orderly pathway for certain
Cubans to seek parole into the United
States, allowing them to reunite with
family as they wait for their immigrant
visas to become available so they may
apply to adjust status to lawful
permanent resident (LPR). The Secretary
has authorized these updates to CFRP in
light of technological advancements and
process efficiencies created since the
CFRP’s inception in 2007. Every step of
the updated process will be completed
online with the exception of a medical
exam by a panel physician and the
parole determination made upon arrival
at an interior U.S. port of entry (POE).
DATES
: DHS will begin using the Form
I–134A, Online Request to be a
Supporter and Declaration of Financial
Support, for this process on August 11,
2023.
FOR FURTHER INFORMATION CONTACT
:
Rena
´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,
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