Rescission of Discretionary Parole Policies Relating to Nationals of the Russian Federation Seeking Entry Into Guam and/or the Commonwealth of the Northern Mariana Islands for a Temporary Visit for Business or Pleasure, 46029-46031 [2019-18841]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)
Pete Gaynor,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. 2019–18879 Filed 8–30–19; 8:45 am]
BILLING CODE 9111–23–P
Pete Gaynor,
Acting Administrator, Federal Emergency
Management Agency.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2019–18885 Filed 8–30–19; 8:45 am]
Federal Emergency Management
Agency
BILLING CODE 9111–23–P
[Internal Agency Docket No. FEMA–4438–
DR; Docket ID FEMA–2019–0001]
DEPARTMENT OF HOMELAND
SECURITY
Oklahoma; Amendment No. 8 to Notice
of a Major Disaster Declaration
Federal Emergency Management
Agency
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
[Internal Agency Docket No. FEMA–4420–
DR; Docket ID FEMA–2019–0001]
This notice amends the notice
of a major disaster declaration for the
State of Oklahoma (FEMA–4438–DR),
dated June 1, 2019, and related
determinations.
SUMMARY:
This amendment was issued
August 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Oklahoma is hereby amended to
include the following areas among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of June 1, 2019.
khammond on DSKBBV9HB2PROD with NOTICES
DATES:
Tillman County for Public Assistance
[Categories A–G], including direct federal
assistance, under the Public Assistance
program.
Okmulgee and Ottawa Counties for Public
Assistance [Categories A–G], including direct
federal assistance, under the Public
Assistance program (already designated for
Individual Assistance).
Noble County for Public Assistance
[Categories A–G] (already designated for
Individual Assistance and assistance for
emergency protective measures [Category B],
limited to direct federal assistance under the
Public assistance program).
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
16:24 Aug 30, 2019
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Pete Gaynor,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. 2019–18887 Filed 8–30–19; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Rescission of Discretionary Parole
Policies Relating to Nationals of the
Russian Federation Seeking Entry Into
Guam and/or the Commonwealth of the
Northern Mariana Islands for a
Temporary Visit for Business or
Pleasure
Department of Homeland
Security.
ACTION: Notice.
AGENCY:
AGENCY:
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46029
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Nebraska; Amendment No. 10 to
Notice of a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
This notice amends the notice
of a major disaster declaration for the
State of Nebraska (FEMA–4420–DR),
dated March 21, 2019, and related
determinations.
SUMMARY:
This amendment was issued
August 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Nebraska is hereby amended to
include the following area among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of March 21, 2019.
DATES:
Dawson County for Individual Assistance
(already designated for Public Assistance).
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
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Frm 00086
Fmt 4703
Sfmt 4703
Under discretionary parole
policies, Department of Homeland
Security (DHS) has granted parole on a
case-by-case basis to nationals of the
Russian Federation (Russia) to enter
Guam and the Commonwealth of the
Northern Mariana Islands (CNMI) for
temporary visits for business or pleasure
for up to 45 days provided the traveler
meets certain conditions. DHS is
publishing this notice to announce to
the public that it plans to end this
discretionary parole policy. This
discretionary change in policy does not
preclude affected individuals from
applying for parole, which DHS will
grant on a case-by-case basis only where
the applicant demonstrates an urgent
humanitarian or a significant public
benefit reason for parole and the
applicant merits a favorable exercise of
discretion.
DATES: DHS will be ending these uses of
its discretionary parole authority as of
October 3, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael T. Dougherty, Office of
Strategy, Policy, and Plans, Department
of Homeland Security, 2707 Martin
Luther King Jr. Ave. SE, Washington, DC
20528–0445.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On October 21, 2009, former Secretary
of Homeland Security Janet Napolitano
announced that, effective November 28,
2009, DHS would favorably consider, on
a case-by-case basis, requests for
discretionary parole into the CNMI from
eligible nationals of Russia who are
temporary visitors for business or
pleasure. Effective January 15, 2012, this
policy was extended to Russian visitors
to Guam.
E:\FR\FM\03SEN1.SGM
03SEN1
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46030
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
Secretary Napolitano justified this
exercise of parole based on her
discretionary parole authority and the
authority to administer the Nation’s
immigration laws. See Immigration and
Nationality Act, as amended (INA) secs.
103(a), 212(d)(5); 8 U.S.C. 1103(a),
1182(d)(5). Although parole is an
authorized entry into the United States,
it does not constitute an admission to
the United States. INA secs.
101(a)(13)(B), 212(d)(5)(A); 8 U.S.C.
1101(a)(13)(B), 1182(d)(5)(A). Parole
may be granted to an alien, regardless of
her or his inadmissibility, as a matter of
discretion ‘‘on a case-by-case basis for
urgent humanitarian reasons or
significant public benefit.’’ INA sec.
212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A).
Under the 2009 and 2012
discretionary parole policies, nationals
of Russia may be allowed to enter Guam
and the CNMI and to travel between
Guam and the CNMI, visa-free for a
period of stay up to 45 days, provided
the traveler meets certain conditions.
Pursuant to these policies, nationals of
Russia seeking entry are required to: (i)
Possess a valid, unexpired machinereadable passport; (ii) not have
previously violated the terms of any
prior travel to the United States; and
(iii) present a valid completed CBP
Form I–94, Arrival/Departure Record
and Form I–736, Guam-CNMI Visa
Waiver Information. Visitors who are
paroled under this authority may not
engage in local employment or labor for
hire. Parole authorization is limited to
Guam and the CNMI only and does not
permit travel to another location within
the United States.
After careful consideration, and
consistent with the President’s directive
in Executive Order (E.O.) 13767 of
January 25, 2017, Border Security and
Immigration Enforcement
Improvements, 82 FR 8793 (Jan. 30,
2017), as well as authorities under the
Consolidated Natural Resources Act of
2008 (CNRA), Public Law 110–229,
which, among other things, established
the Guam-CNMI Visa Waiver Program
(GCVWP), the Secretary of Homeland
Security has decided to terminate the
2009 and 2012 policies concerning the
exercise of discretionary parole
authority for Russian nationals.
In Executive Order 13767, the
President directed the Secretary of
Homeland Security to ‘‘take appropriate
action to ensure that parole authority
under section 212(d)(5) of the INA (8
U.S.C. 1182(d)(5)) is exercised only on
a case-by-case basis in accordance with
the plain language of the statute, and in
all circumstances only when an
individual demonstrates urgent
humanitarian reasons or a significant
VerDate Sep<11>2014
16:24 Aug 30, 2019
Jkt 247001
public benefit derived from such
parole.’’
Pursuant to E.O. 13767, the Secretary
has reviewed this use of discretionary
parole authority and concluded that the
policy should be terminated, for
numerous reasons, effective October 3,
2019. The previous announcement
allowing for parole effectively has
invited nationals of Russia to seek
parole to visit Guam and the CNMI
rather than having them obtain visas.
The policy broadly announced to this
population that a visitor visa would not
be required to travel to Guam and the
CNMI if the alien met the specified
requirements. Under this policy, the
parole authority effectively has been
used as a substitute for the visa process.
Moreover, the Guam-CNMI parole
policy for Russian nationals was
designed as a temporary measure to
support tourism in Guam and the CNMI
while allowing for due consideration of
Russia as a potential participating
country under the GCVWP. See INA sec.
212(l)(3), 8 U.S.C. 1182(l)(3). In the
nearly 10-year period since the parole
policies were announced, Russia has not
been considered eligible for the
GCVWP.
And the parole authority has been
exercised far too expansively than
originally intended. For Guam, parole
accounted for approximately 99 percent
of all Russian visitors in 2012 and 85
percent of all Russian visitors in 2017.
Similarly, parole accounted for
approximately 90 percent of all Russian
visitors to the CNMI in 2010 and 82
percent of all Russian visitors in 2017.
Since the 2012 expansion of the
discretionary parole authority for
Russian nationals seeking entry into
Guam, overstays increased from 26 in
FY 2012 to 147 in FY 2017, or by 465
percent. While this represents a
relatively small percentage of overall
Russian visitors in the CNMI and Guam,
the increase in overstays is in and of
itself a security concern for DHS.
Benefits of Requiring Nonimmigrant
Visas
Discontinuing discretionary parole
and requiring Russian nationals to
obtain a visa to visit the United States
for business or pleasure enhances U.S.
safety and national security because it
requires visa applicants to be screened
by the U.S. Department of State. As a
result, these visa applicants generally
will undergo advance screening and
recurrent vetting that includes an inperson visa interview. The perceived
negative economic impact of
discontinuing discretionary parole
Russian nationals in the CNMI and
Guam would be offset by admission of
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
the availability of traditional B–1 visas
for business and B–2 visas for pleasure.
Currently, the vast majority of
applications by Russian nationals for B–
1/B–2 visas are approved. If admitted in
B–1 or B–2 status, individuals generally
will be afforded an authorized period of
stay of approximately 180 days—four
times longer than the current 45-day cap
under the more restrictive parole
authority.
DHS acknowledges that certain
businesses in Guam and the CNMI may
have been formed in reliance on
commerce and tourism arising out of
this parole policy and could be
negatively impacted by its termination.
Likewise, Russian nationals may have
developed business or personal
connections to Guam or the CNMI
pursuant to the policy and may be
inconvenienced by its termination. DHS
believes, however, that any such
impacts should be largely mitigated by
the fact that bona fide visitors for
business or pleasure from Russia
generally would be able to obtain a visa
to allow them to visit Guam or the
CNMI. To the extent that travelers from
Russia are deterred from travel to Guam
and the CNMI due to the visa
requirement, however, DHS believes
that the security, immigration, and
border management interests of the
United States outweigh the potential
economic or personal interests that may
be adversely affected.
Notice of Rescission of Discretionary
Parole Policy Relating to Nationals of
Russia Seeking Entry Into Guam and/or
the CNMI for a Temporary Visit for
Business or Pleasure
This notice announces to the public
that as of October 3, 2019, DHS rescinds
its policy relating to the exercise of its
discretionary parole authority for
nationals of Russia who are seeking
entry into Guam or the CNMI solely for
a temporary visit for business or
pleasure.
As of October 3, 2019, CBP will no
longer give favorable consideration to
parole requests simply because the
individual is a national of Russia
seeking to enter CNMI or Guam for
tourism or a business visit. Individuals
who have already been paroled into
Guam and/or the CNMI will maintain
parole until the expiration of that parole
period unless there are other grounds
for parole termination consistent with
DHS regulations at 8 CFR 212.5(e).
As of October 3, 2019, nationals from
Russia traveling to Guam and/or the
CNMI for a temporary visit for business
or pleasure should consider seeking a
B–1 or B–2 nonimmigrant visa from a
E:\FR\FM\03SEN1.SGM
03SEN1
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
U.S. Embassy or Consulate, prior to
their travel to Guam.
This discretionary change in policy
does not preclude affected individuals
from applying for parole by filing USCIS
Form I–131, Application for Travel
Document, consistent with the
instructions for that form. In accordance
with section 212(d)(5) of the INA (8
U.S.C. 1182(d)(5)), parole will only be
issued on a case-by-case basis and only
where the applicant demonstrates an
urgent humanitarian or a significant
public benefit reason for parole and that
applicant merits a favorable exercise of
discretion. Any alien may request parole
to travel to the United States, but an
alien does not have a right to parole.
Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019–18841 Filed 8–30–19; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2019–N079;
FXES11140800000–190–FF08ECAR00]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the San
Bernardino Kangaroo Rat, City of
Highland, San Bernardino County, CA;
Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments and information.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from the City of Highland
(applicant) for an incidental take permit
(ITP) under the Endangered Species Act.
The applicant requests the ITP to take
the federally endangered San
Bernardino kangaroo rat incidental to
construction in San Bernardino County,
California. We request public comment
on the application, which includes the
applicant’s proposed habitat
conservation plan (HCP) and the
Service’s preliminary determination that
this HCP qualifies as ‘‘low-effect,’’
categorically excluded under the
National Environmental Policy Act. To
make this determination, we used our
environmental action statement and
low-effect screening form, which is also
available for review.
DATES: We must receive your written
comments on or before October 3, 2019.
ADDRESSES:
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SUMMARY:
VerDate Sep<11>2014
16:24 Aug 30, 2019
Jkt 247001
Obtaining Documents: You may
obtain copies of the documents by the
following methods:
• Internet: https://www.fws.gov/
carlsbad/HCPs/HCP_Docs.html.
• Telephone: 760–322–2070.
• U.S. Mail: Attn: Assistant Field
Supervisor, Palm Springs Fish and
Wildlife Office, U.S. Fish and Wildlife
Service, 777 East Tahquitz Canyon Way,
Suite 208, Palm Springs, CA 92262.
• In-Person: You may examine the
documents by appointment during
regular business hours at the Palm
Springs Fish and Wildlife Office
(address above). Please call to make an
appointment (see FOR FURTHER
INFORMATION CONTACT).
Submitting Comments: If you wish to
submit comments on any of the
documents, you may do so in writing by
any of the following methods:
• Online: https://www.fws.gov/
carlsbad/HCPs/HCP_Docs.html.
• Email: fw8cfwocomments@fws.gov.
• U.S. mail or hand-delivery: Palm
Springs Fish and Wildlife Office
(address above).
• Fax: 760–322–4648.
FOR FURTHER INFORMATION CONTACT:
Karin Cleary-Rose, by telephone at 760–
322–2070, ext. 406, via email at karin_
cleary-rose@fws.gov, or via the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service (Service),
announce receipt of an application from
the City of Highland, California
(applicant), for an incidental take permit
(ITP) under the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.). The applicant requests an
ITP to take the federally endangered San
Bernardino kangaroo rat (Dipodomys
merriami parvus) incidental to the
construction of a storm drain outlet
(project) in San Bernardino County,
California. We request public comment
on the application, which includes the
applicant’s proposed habitat
conservation plan (HCP) and the
Service’s preliminary determination that
the HCP qualifies as ‘‘low-effect,’’
categorically excluded under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). To make
this determination, we used our
environmental action statement and
low-effect screening form, which is also
available for public review.
Project
The applicant requests a 5-year ITP to
take the San Bernardino kangaroo rat
(SBKR) incidental to the temporary
impact of 0.10 acres (ac) of occupied
SBKR foraging and sheltering habitat for
the construction of storm drain outlet
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Frm 00088
Fmt 4703
Sfmt 4703
46031
located on a 21-ac parcel, Assessor’s
Parcel Numbers 1201–321–36 and
1201–311–01, in Sections 4, Township
1 South, Range 3 West, San Bernardino
County, California. The applicant
proposes to mitigate for take of the
SBKR through (1) relocation of all SBKR
captured on the project area by livetrapping and release into preestablished artificial burrows
immediately outside of the project area
and (2) restoration and/or enhancement
of 0.14 ac of SBKR habitat on the project
site.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment—including your personal
identifying information—may be made
available to the public. While you may
request that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
project, including land clearing,
infrastructure building, and the
proposed mitigation and minimization
measures, would individually and
cumulatively have a minor or negligible
effect on the SBKR and the
environment. Therefore, we have
preliminarily concluded that the ITP for
this project would qualify for categorical
exclusion and the HCP is low effect
under our NEPA regulations at 43 CFR
46.205 and 46. 210. A low-effect HCP is
one that would result in (1) minor or
negligible effects on federally listed,
proposed, and candidate species and
their habitats; (2) minor or negligible
effects on other environmental values or
resources; and (3) impacts that, when
considered together with the impacts of
other past, present, and reasonably
foreseeable similarly situated projects,
would not over time result in significant
cumulative effects to environmental
values or resources.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether to issue the
requested permit. We will also conduct
an intra-Service consultation pursuant
to section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the above findings, we will
determine whether the permit issuance
criteria of section 10(a)(1)(B) of the ESA
have been met. If met, the Service will
issue the permit to the City of Highland.
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46029-46031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18841]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Rescission of Discretionary Parole Policies Relating to Nationals
of the Russian Federation Seeking Entry Into Guam and/or the
Commonwealth of the Northern Mariana Islands for a Temporary Visit for
Business or Pleasure
AGENCY: Department of Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Under discretionary parole policies, Department of Homeland
Security (DHS) has granted parole on a case-by-case basis to nationals
of the Russian Federation (Russia) to enter Guam and the Commonwealth
of the Northern Mariana Islands (CNMI) for temporary visits for
business or pleasure for up to 45 days provided the traveler meets
certain conditions. DHS is publishing this notice to announce to the
public that it plans to end this discretionary parole policy. This
discretionary change in policy does not preclude affected individuals
from applying for parole, which DHS will grant on a case-by-case basis
only where the applicant demonstrates an urgent humanitarian or a
significant public benefit reason for parole and the applicant merits a
favorable exercise of discretion.
DATES: DHS will be ending these uses of its discretionary parole
authority as of October 3, 2019.
FOR FURTHER INFORMATION CONTACT: Michael T. Dougherty, Office of
Strategy, Policy, and Plans, Department of Homeland Security, 2707
Martin Luther King Jr. Ave. SE, Washington, DC 20528-0445.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2009, former Secretary of Homeland Security Janet
Napolitano announced that, effective November 28, 2009, DHS would
favorably consider, on a case-by-case basis, requests for discretionary
parole into the CNMI from eligible nationals of Russia who are
temporary visitors for business or pleasure. Effective January 15,
2012, this policy was extended to Russian visitors to Guam.
[[Page 46030]]
Secretary Napolitano justified this exercise of parole based on her
discretionary parole authority and the authority to administer the
Nation's immigration laws. See Immigration and Nationality Act, as
amended (INA) secs. 103(a), 212(d)(5); 8 U.S.C. 1103(a), 1182(d)(5).
Although parole is an authorized entry into the United States, it does
not constitute an admission to the United States. INA secs.
101(a)(13)(B), 212(d)(5)(A); 8 U.S.C. 1101(a)(13)(B), 1182(d)(5)(A).
Parole may be granted to an alien, regardless of her or his
inadmissibility, as a matter of discretion ``on a case-by-case basis
for urgent humanitarian reasons or significant public benefit.'' INA
sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A).
Under the 2009 and 2012 discretionary parole policies, nationals of
Russia may be allowed to enter Guam and the CNMI and to travel between
Guam and the CNMI, visa-free for a period of stay up to 45 days,
provided the traveler meets certain conditions. Pursuant to these
policies, nationals of Russia seeking entry are required to: (i)
Possess a valid, unexpired machine-readable passport; (ii) not have
previously violated the terms of any prior travel to the United States;
and (iii) present a valid completed CBP Form I-94, Arrival/Departure
Record and Form I-736, Guam-CNMI Visa Waiver Information. Visitors who
are paroled under this authority may not engage in local employment or
labor for hire. Parole authorization is limited to Guam and the CNMI
only and does not permit travel to another location within the United
States.
After careful consideration, and consistent with the President's
directive in Executive Order (E.O.) 13767 of January 25, 2017, Border
Security and Immigration Enforcement Improvements, 82 FR 8793 (Jan. 30,
2017), as well as authorities under the Consolidated Natural Resources
Act of 2008 (CNRA), Public Law 110-229, which, among other things,
established the Guam-CNMI Visa Waiver Program (GCVWP), the Secretary of
Homeland Security has decided to terminate the 2009 and 2012 policies
concerning the exercise of discretionary parole authority for Russian
nationals.
In Executive Order 13767, the President directed the Secretary of
Homeland Security to ``take appropriate action to ensure that parole
authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is
exercised only on a case-by-case basis in accordance with the plain
language of the statute, and in all circumstances only when an
individual demonstrates urgent humanitarian reasons or a significant
public benefit derived from such parole.''
Pursuant to E.O. 13767, the Secretary has reviewed this use of
discretionary parole authority and concluded that the policy should be
terminated, for numerous reasons, effective October 3, 2019. The
previous announcement allowing for parole effectively has invited
nationals of Russia to seek parole to visit Guam and the CNMI rather
than having them obtain visas. The policy broadly announced to this
population that a visitor visa would not be required to travel to Guam
and the CNMI if the alien met the specified requirements. Under this
policy, the parole authority effectively has been used as a substitute
for the visa process.
Moreover, the Guam-CNMI parole policy for Russian nationals was
designed as a temporary measure to support tourism in Guam and the CNMI
while allowing for due consideration of Russia as a potential
participating country under the GCVWP. See INA sec. 212(l)(3), 8 U.S.C.
1182(l)(3). In the nearly 10-year period since the parole policies were
announced, Russia has not been considered eligible for the GCVWP.
And the parole authority has been exercised far too expansively
than originally intended. For Guam, parole accounted for approximately
99 percent of all Russian visitors in 2012 and 85 percent of all
Russian visitors in 2017. Similarly, parole accounted for approximately
90 percent of all Russian visitors to the CNMI in 2010 and 82 percent
of all Russian visitors in 2017.
Since the 2012 expansion of the discretionary parole authority for
Russian nationals seeking entry into Guam, overstays increased from 26
in FY 2012 to 147 in FY 2017, or by 465 percent. While this represents
a relatively small percentage of overall Russian visitors in the CNMI
and Guam, the increase in overstays is in and of itself a security
concern for DHS.
Benefits of Requiring Nonimmigrant Visas
Discontinuing discretionary parole and requiring Russian nationals
to obtain a visa to visit the United States for business or pleasure
enhances U.S. safety and national security because it requires visa
applicants to be screened by the U.S. Department of State. As a result,
these visa applicants generally will undergo advance screening and
recurrent vetting that includes an in-person visa interview. The
perceived negative economic impact of discontinuing discretionary
parole Russian nationals in the CNMI and Guam would be offset by
admission of the availability of traditional B-1 visas for business and
B-2 visas for pleasure. Currently, the vast majority of applications by
Russian nationals for B-1/B-2 visas are approved. If admitted in B-1 or
B-2 status, individuals generally will be afforded an authorized period
of stay of approximately 180 days--four times longer than the current
45-day cap under the more restrictive parole authority.
DHS acknowledges that certain businesses in Guam and the CNMI may
have been formed in reliance on commerce and tourism arising out of
this parole policy and could be negatively impacted by its termination.
Likewise, Russian nationals may have developed business or personal
connections to Guam or the CNMI pursuant to the policy and may be
inconvenienced by its termination. DHS believes, however, that any such
impacts should be largely mitigated by the fact that bona fide visitors
for business or pleasure from Russia generally would be able to obtain
a visa to allow them to visit Guam or the CNMI. To the extent that
travelers from Russia are deterred from travel to Guam and the CNMI due
to the visa requirement, however, DHS believes that the security,
immigration, and border management interests of the United States
outweigh the potential economic or personal interests that may be
adversely affected.
Notice of Rescission of Discretionary Parole Policy Relating to
Nationals of Russia Seeking Entry Into Guam and/or the CNMI for a
Temporary Visit for Business or Pleasure
This notice announces to the public that as of October 3, 2019, DHS
rescinds its policy relating to the exercise of its discretionary
parole authority for nationals of Russia who are seeking entry into
Guam or the CNMI solely for a temporary visit for business or pleasure.
As of October 3, 2019, CBP will no longer give favorable
consideration to parole requests simply because the individual is a
national of Russia seeking to enter CNMI or Guam for tourism or a
business visit. Individuals who have already been paroled into Guam
and/or the CNMI will maintain parole until the expiration of that
parole period unless there are other grounds for parole termination
consistent with DHS regulations at 8 CFR 212.5(e).
As of October 3, 2019, nationals from Russia traveling to Guam and/
or the CNMI for a temporary visit for business or pleasure should
consider seeking a B-1 or B-2 nonimmigrant visa from a
[[Page 46031]]
U.S. Embassy or Consulate, prior to their travel to Guam.
This discretionary change in policy does not preclude affected
individuals from applying for parole by filing USCIS Form I-131,
Application for Travel Document, consistent with the instructions for
that form. In accordance with section 212(d)(5) of the INA (8 U.S.C.
1182(d)(5)), parole will only be issued on a case-by-case basis and
only where the applicant demonstrates an urgent humanitarian or a
significant public benefit reason for parole and that applicant merits
a favorable exercise of discretion. Any alien may request parole to
travel to the United States, but an alien does not have a right to
parole.
Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019-18841 Filed 8-30-19; 8:45 am]
BILLING CODE 9111-97-P
