Implementation of Changes to the Haitian Family Reunification Parole Process

As Enacted

Cited in

Citation	88 FR 54635
Published date	11 August 2023
Record Number	2023-17344
Court	Homeland Security Department
Section	Notices

54635

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices

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

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;

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.

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,

VerDate Sep<11>2014 16:59 Aug 10, 2023 Jkt 259001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

lotter on DSK11XQN23PROD with NOTICES1

54636

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices

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.

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.

8 CFR 274a.12(c)(11).

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.

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/.

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.

See Implementation of a Family Reunification

Parole Process for Colombians, 88 FR 43591 (July

10, 2023).

See Implementation of a Family Reunification

Parole Process for Guatemalans, 88 FR 43581 (July

10, 2023).

See Implementation of a Family Reunification

Parole Process for Hondurans, 88 FR 43601 (July

10, 2023).

See Implementation of a Family Reunification

Parole Process for Salvadorans, 88 FR 43611 (July

10, 2023).

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.

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.

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.

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.

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,

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,

and

severe insecurity in the country,

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,

Guatemalans,

Hondurans,

and Salvadorans

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

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

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

VerDate Sep<11>2014 16:59 Aug 10, 2023 Jkt 259001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

lotter on DSK11XQN23PROD with NOTICES1

54637

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices

8 U.S.C. 1325, 1326 (for illegal entry and

reentry, respectively).

INA sec. 235(b)(1)(A)(i), 8 U.S.C.

1225(b)(1)(A)(i).

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).

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).

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,

expedited

removal proceedings,

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

for an immigrant visa

as a result of

entering without inspection and not

having been admitted or paroled.

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

VerDate Sep<11>2014 16:59 Aug 10, 2023 Jkt 259001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

lotter on DSK11XQN23PROD with NOTICES1

54638

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices

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.

See 6 U.S.C. 279(g)(2) (defining

‘‘unaccompanied alien child’’).

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.

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.

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.

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

VerDate Sep<11>2014 16:59 Aug 10, 2023 Jkt 259001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

lotter on DSK11XQN23PROD with NOTICES1

54639

Federal Register / Vol. 88, No. 154 / Friday, August 11, 2023 / Notices

5 U.S.C. 553(b)(A).

See Lincoln v. Vigil, 508 U.S. 182, 197 (1993)

(quoting Chrysler Corp. v. Brown, 441 U.S. 281, 302

n.31 (1979)).

5 U.S.C. 553(b)(A).

5 U.S.C. 553(a)(1).

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.

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/.

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.

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,

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.’’

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

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.

As discussed in the July

10, 2023 notices announcing four new

family reunification processes,

the

United States continues to engage

hemispheric partners to increase their

efforts to collaboratively manage

irregular migration.

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.

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.

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,

VerDate Sep<11>2014 16:59 Aug 10, 2023 Jkt 259001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

lotter on DSK11XQN23PROD with NOTICES1

Subscribers can access the reported version of this case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the cited cases and legislation of a document.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the documents that have cited the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the revised versions of legislation with amendments.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see any amendments made to the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Implementation of Changes to the Haitian Family Reunification Parole Process

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users