Implementation of a Change to the Parole Process for Cubans, 26329-26331 [2023-09013]
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Notices
system, prevent loss of life at sea and to
deter and dissuade maritime migration
through mobilizing DHS resources,
reinforced by other federal, state, and
local assets and capabilities.
The USCG supports HSTF–SE and
views its migrant interdiction mission
as a humanitarian effort to rescue those
taking to the sea and encourage
noncitizens to pursue lawful pathways
to enter the United States. By allocating
additional assets to migrant interdiction
operations and to prevent conditions
that could lead to maritime mass
migration, the USCG assumes certain
operational risk to other statutory
missions. Some USCG assets were
diverted from other key mission areas,
including counter-drug operations,
protection of living marine resources,
and support for shipping navigation.
Through a reduction of maritime
migration, USCG would in turn reduce
the operational risk to its other statutory
missions.
ddrumheller on DSK120RN23PROD with NOTICES1
C. Ineligibility Criteria for Maritime
Interdictions
In response to the increase in
maritime migration and interdictions,
and to disincentivize migrants from
attempting the dangerous journey to the
United States by sea, DHS will make
individuals who have been interdicted
at sea after April 27, 2023 ineligible for
the parole process for Haitians. Further,
DHS expects this change in eligibility
criteria to materially reduce the number
of maritime interdictions, by
incentivizing migrants to use safe and
orderly means to access the United
States.
Migrants who take to the sea are
putting their lives at incredible risk. The
goal of this change, like the parole
process for Haitians more broadly, is to
save lives and undermine the profits
and operations of the dangerous
smuggling networks and transnational
criminal organizations that callously
prioritize their profits over the lives and
safety of the people they transport and
traffic. The parole process for Haitians
will continue to incentivize intending
migrants to use a safe and orderly means
to access the United States via
commercial air flights, thus ultimately
reducing the demand for smuggling
networks to facilitate the dangerous
journey by sea.
III. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act
(PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to
the Office of Management and Budget
(OMB), for review and approval, any
new reporting requirements they
impose. The process discussed in this
VerDate Sep<11>2014
18:44 Apr 27, 2023
Jkt 259001
notice involves two collections of
information, both of which have
previously been approved under
emergency processing. The collections
are as follows:
• USCIS, Form I–134A, Online
Request to be a Supporter and
Declaration of Financial Support, OMB
control number 1615–0157.
• CBP, Advance Travel
Authorization, OMB control number
1651–0143.
More information about both
collections can be viewed at
www.reginfo.gov.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023–09014 Filed 4–27–23; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF HOMELAND
SECURITY
Implementation of a Change to the
Parole Process for Cubans
ACTION:
Notice.
This notice announces that
the Secretary of Homeland Security has
authorized a change to the Parole
Process for Cubans that the U.S.
Department of Homeland Security
(DHS) described in a Federal Register
notice on January 9, 2023. The change
provides that those who have been
interdicted at sea after April 27, 2023
will be ineligible for the announced
parole process.
DATES: DHS will begin applying this
amendment on April 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Daniel Delgado, Acting Director, Border
and Immigration Policy, Office of
Strategy, Policy, and Plans, Department
of Homeland Security, 2707 Martin
Luther King Jr. Ave. SE, Washington, DC
20528–0445; telephone (202) 447–3459
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On January 9, 2023, DHS published a
notice titled Implementation of a Parole
Process for Cubans. See 88 FR 1266.
That notice describes a new effort to
address the increasing number of
encounters of Cuban nationals at the
Southwest Border (SWB) and at sea,
which had reached record levels over
the six months preceding the
announcement. Cubans who do not
avail themselves of this parole process,
and instead enter the United States
without authorization between ports of
entry (POEs), generally are subject to
return or removal. DHS implemented
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26329
the parole process to allow certain
Cuban nationals and their immediate
family members to be considered on a
case-by-case basis for parole and, if
granted, lawfully enter the United States
in a safe and orderly manner. As
described in the January 2023 notice, to
be eligible, individuals must: (1) have a
supporter in the United States who
agrees to provide financial support for
the duration of the beneficiary’s parole
period; (2) pass national security and
public safety vetting; (3) fly at their own
expense to an interior POE, rather than
entering at a land POE; and (4) possess
a valid, unexpired passport. Individuals
are ineligible for this process if they
have been ordered removed from the
United States within the prior five
years; have entered unauthorized into
Mexico or Panama after January 9, 2023
(the date of the notice’s publication);
have entered the United States without
authorization between POEs after
January 9, 2023 (except for individuals
permitted a single instance of voluntary
departure or withdrawal of their
application for admission to still
maintain their eligibility for this
process); or are otherwise deemed not to
merit a favorable exercise of discretion.
The parole process for Cubans is
intended to enhance border security by
addressing the number of encounters of
Cuban nationals at the SWB and at sea,
which reached record levels in recent
months, while also providing a process
for certain such nationals to lawfully
enter the United States in a safe and
orderly manner.
II. Amendment
In response to the increasing number
of Cubans traveling to the United States
by sea without authorization through
January 2023, and the likelihood of
another record number of interdictions
this fiscal year (FY), DHS is announcing
an amendment to the eligibility criteria
announced in the January 9, 2023
notice 1 to make individuals who have
been interdicted at sea 2 after April 27,
2023 ineligible for the parole process.
The policy announced in this notice is
consistent with the policy and
justification described in the January 9,
2023 notice, including the justification
for the parole process and description of
the multiple exceptions to notice-andcomment rulemaking requirements
applicable to this process. DHS
incorporates those justifications here by
1 Implementation of a Parole Process for Cubans,
88 FR 1266 (Jan. 9, 2023).
2 For purposes of this notice, ‘‘interdicted at sea’’
refers to migrants directly interdicted by the U.S.
Coast Guard from vessels subject to U.S.
jurisdiction or vessels without nationality, or
migrants transferred to the U.S. Coast Guard.
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Notices
reference as appropriate. This notice
makes one update to the eligibility
criteria for the parole process.
A. Impact of Cuba, Haiti, Nicaragua,
and Venezuela Enforcement Processes
Parole processes established for
nationals of Cuba, Haiti, Nicaragua, and
Venezuela (CHNV) and their immediate
family members have significantly
reduced SWB encounters. Following the
announcement of the CHNV parole
processes, DHS has seen a drastic
decrease in the number of Cubans,
Haitians, Nicaraguans, and Venezuelans
encountered at the SWB. In fact, DHS
encountered 128,410 noncitizens who
entered between POEs along the SWB in
January 2023, which is the lowest
monthly SWB encounters total since
February 2021.3 Encounters of CHNV
nationals between POEs at the SWB
declined from a 7-day average of 1,231
on the day of the announcement on
January 5th, to 35 on January 31—a drop
of 97 percent in just over three weeks.4
Those trends have continued with a
daily average of 46 encounters of CHNV
nationals between POEs at the SWB
during the last seven days of February
2023.5 This reduction occurred even as
encounters of other noncitizens began to
rebound from the typical seasonal
decline.6 The data continues to
underscore and support the notion that
when there is a safe and orderly way to
come to the United States, coupled with
consequences for those who do not avail
themselves of such established
processes, people are less inclined to
attempt the dangerous, and at times,
deadly, journey to our borders, and less
likely to put their lives in the hands of
smugglers.
B. Maritime Migration Continues To
Increase, With Devastating
Consequences for Migrants
ddrumheller on DSK120RN23PROD with NOTICES1
While DHS continues to see a
meaningful reduction in encounters of
CHNV nationals across the SWB
following the announcement of the
CHNV parole processes, maritime
interdictions of Cuban and Haitian
nationals in the Caribbean have
3 U.S. Customs and Border Protection, CBP
Releases January 2023 Monthly Operational
Update, Feb. 10, 2023, https://www.cbp.gov/
newsroom/national-media-release/cbp-releasesjanuary-2023-monthly-operational-update.
4 DHS Office of Immigration Statistics (OIS)
analysis of OIS Persist Dataset based on data
through January 31, 2023.
5 OIS analysis of CBP Unified Immigration Portal
(UIP) data pulled on March 2, 2023.
6 DHS, Unlawful Southwest Border Crossings
Plummet Under New Border Enforcement Measures,
Jan. 25, 2023, https://www.dhs.gov/news/2023/01/
25/unlawful-southwest-border-crossings-plummetunder-new-border-enforcement-measures.
VerDate Sep<11>2014
20:21 Apr 27, 2023
Jkt 259001
increased in recent fiscal FYs and
persist at high levels. Total interdictions
at sea increased by 502 percent between
FY 2020 (2,079) and FY 2022 (12,521).
Interdictions continue to rise in FY 2023
with 7,402 through January, almost 60
percent of the total in FY 2022 within
four months. Maritime migration from
Cuba increased by nearly 600 percent in
FY 2022, with 5,740 Cuban nationals
interdicted at sea, compared to 827 in
FY 2021. In the first four months of FY
2023, Cuban interdictions are over 80
percent of the Cuban FY 2022 total,
comprising 65 percent of all FY 2023
interdictions at sea.7
Apprehensions of Cuban nationals in
southeast coastal sectors by U.S. Border
Patrol have been increasing rapidly.8
There were 2,675 Cuban apprehensions
in FY 2022, an 11-fold increase over the
FY 2021 total of 239 apprehensions. The
first four months of FY 2023 have
already surpassed FY 2022 with 4,273
apprehensions of Cuban nationals in
southeast coastal sectors.9
The U.S. Coast Guard (USCG) has
interdicted and repatriated Cubans in
recent months. On January 12, 2023,
USCG repatriated 177 Cubans from 7
separate interdictions.10 USCG
repatriated an additional 67 Cubans
between February 23–24 following prior
interdictions.11
While maritime interdictions of
Cuban nationals declined somewhat in
February, DHS assesses that in the
Caribbean, the weather and migrant
knowledge of increased law
enforcement presence played a
significant role in this reduced maritime
movement. Through much of February,
weather conditions were unfavorable for
maritime ventures, particularly on
smaller vessels. However, DHS assesses
this was only temporary. In the final
days of February and early days of
March 2023, DHS saw a return to
multiple interdictions per day. The
growing numbers of migrants taking to
sea under dangerous conditions put
7 OIS
analysis of USCG data.
8 Includes Miami, Florida; New Orleans,
Louisiana; and Ramey, Puerto Rico sectors where
all apprehensions are land apprehensions not
maritime.
9 OIS analysis of OIS Persist Dataset based on data
through January 31, 2023.
10 USCG, Coast Guard Repatriates 177 People to
Cuba, Jan. 12, 2023, https://www.news.uscg.mil/
Press-Releases/Article/3265898/coast-guardrepatriates-177-people-to-cuba/.
11 USCG, Coast Guard Repatriates 29 People to
Cuba, Feb. 23, 2023, https://www.news.uscg.mil/
Press-Releases/Article/3306722/coast-guardrepatriates-29-people-to-cuba/; USCG, Coast Guard
Repatriates 38 People to Cuba, Feb. 24, 2023,
https://www.news.uscg.mil/Press-Releases/Article/
3306850/coast-guard-repatriates-38-people-tocuba/.
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Frm 00082
Fmt 4703
Sfmt 4703
lives at risk and places stress on DHS’s
resources.
Human smugglers and irregular
migrant populations continue to use
unseaworthy, overly crowded vessels,
piloted by inexperienced mariners,
without any safety equipment—
including but not limited to, personal
flotation devices, radios, maritime
global positioning systems, or vessel
locator beacons. In FY 2022, the USCG
recorded 107 noncitizen deaths,
including those presumed dead, as a
result of irregular maritime migration. In
January 2022, the USCG located a
capsized vessel with a survivor clinging
to the hull. USCG crews interviewed the
survivor, who indicated there were 34
other individuals on the vessel who
were not in the vicinity of the capsized
vessel and the survivor.12 The USCG
conducted a multi-day air and surface
search for the missing migrants,
eventually recovering five deceased
migrants, while the others were
presumed lost at sea.13 In November
2022, USCG and U.S. Customs and
Border Protection (CBP) rescued over
180 people from an overloaded boat that
became disabled off the Florida Keys.14
The International Organization for
Migration’s (IOM) Missing Migrants
Project reported at least 321
documented deaths and disappearances
of migrants throughout the Caribbean in
2022, signaling the highest recorded
number since IOM began tracking such
events in 2014 and a 78% overall
increase over the 180 documented cases
in 2021.15 Most of those who perished
or went missing in the Caribbean were
from Haiti and Cuba.16
The U.S. Government’s response to
maritime migration in the Caribbean
region is governed by Executive Orders,
Presidential Directives, and resulting
framework and plans that outline
interagency roles and responsibilities.
Homeland Security Task ForceSoutheast (HSTF–SE) is primarily
responsible for DHS’s response to
12 Adriana Gomez Licon, Associated Press,
Situation ‘dire’ as Coast Guard seeks 38 missing off
Florida, Jan. 26, 2022, https://apnews.com/article/
florida-capsized-boat-live-updatesf251d7d279b6c1fe064304740c3a3019.
13 Adriana Gomez Licon, Associated Press, Coast
Guard suspends search for migrants off Florida, Jan.
27, 2022, https://apnews.com/article/florida-lost-atsea-79253e1c65cf5708f19a97b6875ae239.
14 Ashley Cox, CBS News CW44 Tampa, More
than 180 people rescued from overloaded vessel in
Florida Keys, Nov. 22, 2022, https://
www.cbsnews.com/tampa/news/more-than-180people-rescued-from-overloaded-vessel-in-floridakeys/.
15 IOM, Missing Migrants in the Caribbean
Reached a Record High in 2022, Jan. 24, 2023,
https://www.iom.int/news/missing-migrantscaribbean-reached-record-high-2022.
16 Id.
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Federal Register / Vol. 88, No. 82 / Friday, April 28, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
maritime migration in the Caribbean Sea
and the Straits of Florida. Operation
Vigilant Sentry is the DHS interagency
operational plan for integrated
operations to address and mitigate the
threat of a maritime mass migration in
the Caribbean Sea and the Straits of
Florida.17 The primary objectives of
HSTF–SE are to protect the safety and
security of the United States, uphold
U.S. humanitarian principles, maintain
the integrity of the U.S. immigration
system, prevent loss of life at sea and to
deter and dissuade maritime migration
through mobilizing DHS resources,
reinforced by other federal, state, and
local assets and capabilities.
The USCG supports HSTF–SE and
views its migrant interdiction mission
as a humanitarian effort to rescue those
who risk their lives by taking to the sea
and encourage noncitizens to pursue
legal pathways to enter the United
States. By allocating additional assets to
migrant interdiction operations and to
prevent conditions that could lead to a
maritime mass migration, the USCG
assumes certain operational risk to other
statutory missions. Some USCG assets
were reallocated from other key mission
areas, including counter-drug
operations, protection of living marine
resources, and support for shipping
navigation. Through a reduction of
maritime migration, USCG would in
turn reduce the operational risk to its
other statutory missions.
C. Ineligibility Criteria for Maritime
Interdictions
In response to the increase in
maritime migration and interdictions,
and to disincentivize migrants from
attempting the dangerous journey to the
United States by sea, DHS will make
individuals who have been interdicted
at sea after April 27, 2023 ineligible for
the parole process for Cubans. Further,
DHS expects this change in eligibility
criteria to materially reduce the number
of maritime interdictions, by
incentivizing migrants to use safe and
orderly means to access the United
States.
Migrants who take to the sea are
putting their lives at incredible risk. The
goal of this change, like the parole
process for Cubans more broadly, is to
save lives at sea and undermine the
profits and operations of the dangerous
smuggling networks and transnational
17 Homeland Security Task Force—Southeast,
published through the U.S. Embassy in Cuba,
Homeland Security Task Force Southeast partners
increase illegal migration enforcement patrols in
Florida Straits, Caribbean, Sept. 6, 2022, https://
cu.usembassy.gov/homeland-security-task-forcesoutheast-partners-increase-illegal-migrationenforcement-patrols-in-florida-straits-caribbean/.
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18:44 Apr 27, 2023
Jkt 259001
criminal organizations that callously
prioritize their profits over the lives and
safety of the people they transport and
traffic. The parole process for Cubans
will continue to incentivize intending
migrants to use a safe and orderly means
to access the United States via
commercial air flights, thus ultimately
reducing the demand for smuggling
networks to facilitate the dangerous
journey by sea.
III. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act
(PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to
the Office of Management and Budget
(OMB), for review and approval, any
new reporting requirements they
impose. The process discussed in this
notice involves two collections of
information, both of which have
previously been approved under
emergency processing. The collections
are as follows:
• USCIS, Form I–134A, Online
Request to be a Supporter and
Declaration of Financial Support, OMB
control number 1615–0157.
• CBP, Advance Travel
Authorization, OMB control number
1651–0143.
More information about both
collections can be viewed at
www.reginfo.gov.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023–09013 Filed 4–27–23; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7070–N–22]
30-Day Notice of Proposed Information
Collection: Enterprise Income
Verification (EIV) Systems—Access
Authorization Form and Rules of
Behavior and User Agreement; OMB
Control No.: 2577–0267
Office of Policy Development
and Research, Chief Data Officer, HUD.
ACTION: Notice of proposed information
collection.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for an additional 30 days of
public comment.
SUMMARY:
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DATES:
26331
Comments Due Date: May 30,
2023.
Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_submission@
omb.eop.gov or www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 7th Street SW,
Room 8210, Washington, DC 20410;
email Colette Pollard at
PaperworkReductionActOffice@hud.gov
or telephone 202–402–3400. This is not
a toll-free number. HUD welcomes and
is prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on February 23,
2023 at 88 FR 11467.
ADDRESSES:
A. Overview of Information Collection
Title of Information Collection: EIV
System User Access Authorization Form
and Rules of Behavior and User
Agreement.
OMB Approval Number: 2577–0267.
Type of Request: Revision of currently
approved collection.
Form Number: 52676 and 52676I.
Description of the need for the
information and proposed use: In
accordance with statutory requirements
at 5 U.S.C. 552a, as amended (most
commonly known as the Federal
Privacy Act of 1974), the Department is
required to account for all disclosures of
information contained in a system of
records. Specifically, the Department is
required to keep an accurate accounting
of the name and address of the person
or agency to which the disclosure is
made. The Enterprise Income
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Agencies
[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26329-26331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09013]
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DEPARTMENT OF HOMELAND SECURITY
Implementation of a Change to the Parole Process for Cubans
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
has authorized a change to the Parole Process for Cubans that the U.S.
Department of Homeland Security (DHS) described in a Federal Register
notice on January 9, 2023. The change provides that those who have been
interdicted at sea after April 27, 2023 will be ineligible for the
announced parole process.
DATES: DHS will begin applying this amendment on April 28, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel Delgado, Acting Director,
Border and Immigration Policy, Office of Strategy, Policy, and Plans,
Department of Homeland Security, 2707 Martin Luther King Jr. Ave. SE,
Washington, DC 20528-0445; telephone (202) 447-3459 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background
On January 9, 2023, DHS published a notice titled Implementation of
a Parole Process for Cubans. See 88 FR 1266. That notice describes a
new effort to address the increasing number of encounters of Cuban
nationals at the Southwest Border (SWB) and at sea, which had reached
record levels over the six months preceding the announcement. Cubans
who do not avail themselves of this parole process, and instead enter
the United States without authorization between ports of entry (POEs),
generally are subject to return or removal. DHS implemented the parole
process to allow certain Cuban nationals and their immediate family
members to be considered on a case-by-case basis for parole and, if
granted, lawfully enter the United States in a safe and orderly manner.
As described in the January 2023 notice, to be eligible, individuals
must: (1) have a supporter in the United States who agrees to provide
financial support for the duration of the beneficiary's parole period;
(2) pass national security and public safety vetting; (3) fly at their
own expense to an interior POE, rather than entering at a land POE; and
(4) possess a valid, unexpired passport. Individuals are ineligible for
this process if they have been ordered removed from the United States
within the prior five years; have entered unauthorized into Mexico or
Panama after January 9, 2023 (the date of the notice's publication);
have entered the United States without authorization between POEs after
January 9, 2023 (except for individuals permitted a single instance of
voluntary departure or withdrawal of their application for admission to
still maintain their eligibility for this process); or are otherwise
deemed not to merit a favorable exercise of discretion.
The parole process for Cubans is intended to enhance border
security by addressing the number of encounters of Cuban nationals at
the SWB and at sea, which reached record levels in recent months, while
also providing a process for certain such nationals to lawfully enter
the United States in a safe and orderly manner.
II. Amendment
In response to the increasing number of Cubans traveling to the
United States by sea without authorization through January 2023, and
the likelihood of another record number of interdictions this fiscal
year (FY), DHS is announcing an amendment to the eligibility criteria
announced in the January 9, 2023 notice \1\ to make individuals who
have been interdicted at sea \2\ after April 27, 2023 ineligible for
the parole process. The policy announced in this notice is consistent
with the policy and justification described in the January 9, 2023
notice, including the justification for the parole process and
description of the multiple exceptions to notice-and-comment rulemaking
requirements applicable to this process. DHS incorporates those
justifications here by
[[Page 26330]]
reference as appropriate. This notice makes one update to the
eligibility criteria for the parole process.
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\1\ Implementation of a Parole Process for Cubans, 88 FR 1266
(Jan. 9, 2023).
\2\ For purposes of this notice, ``interdicted at sea'' refers
to migrants directly interdicted by the U.S. Coast Guard from
vessels subject to U.S. jurisdiction or vessels without nationality,
or migrants transferred to the U.S. Coast Guard.
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A. Impact of Cuba, Haiti, Nicaragua, and Venezuela Enforcement
Processes
Parole processes established for nationals of Cuba, Haiti,
Nicaragua, and Venezuela (CHNV) and their immediate family members have
significantly reduced SWB encounters. Following the announcement of the
CHNV parole processes, DHS has seen a drastic decrease in the number of
Cubans, Haitians, Nicaraguans, and Venezuelans encountered at the SWB.
In fact, DHS encountered 128,410 noncitizens who entered between POEs
along the SWB in January 2023, which is the lowest monthly SWB
encounters total since February 2021.\3\ Encounters of CHNV nationals
between POEs at the SWB declined from a 7-day average of 1,231 on the
day of the announcement on January 5th, to 35 on January 31--a drop of
97 percent in just over three weeks.\4\ Those trends have continued
with a daily average of 46 encounters of CHNV nationals between POEs at
the SWB during the last seven days of February 2023.\5\ This reduction
occurred even as encounters of other noncitizens began to rebound from
the typical seasonal decline.\6\ The data continues to underscore and
support the notion that when there is a safe and orderly way to come to
the United States, coupled with consequences for those who do not avail
themselves of such established processes, people are less inclined to
attempt the dangerous, and at times, deadly, journey to our borders,
and less likely to put their lives in the hands of smugglers.
---------------------------------------------------------------------------
\3\ U.S. Customs and Border Protection, CBP Releases January
2023 Monthly Operational Update, Feb. 10, 2023, https://www.cbp.gov/newsroom/national-media-release/cbp-releases-january-2023-monthly-operational-update.
\4\ DHS Office of Immigration Statistics (OIS) analysis of OIS
Persist Dataset based on data through January 31, 2023.
\5\ OIS analysis of CBP Unified Immigration Portal (UIP) data
pulled on March 2, 2023.
\6\ DHS, Unlawful Southwest Border Crossings Plummet Under New
Border Enforcement Measures, Jan. 25, 2023, https://www.dhs.gov/news/2023/01/25/unlawful-southwest-border-crossings-plummet-under-new-border-enforcement-measures.
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B. Maritime Migration Continues To Increase, With Devastating
Consequences for Migrants
While DHS continues to see a meaningful reduction in encounters of
CHNV nationals across the SWB following the announcement of the CHNV
parole processes, maritime interdictions of Cuban and Haitian nationals
in the Caribbean have increased in recent fiscal FYs and persist at
high levels. Total interdictions at sea increased by 502 percent
between FY 2020 (2,079) and FY 2022 (12,521). Interdictions continue to
rise in FY 2023 with 7,402 through January, almost 60 percent of the
total in FY 2022 within four months. Maritime migration from Cuba
increased by nearly 600 percent in FY 2022, with 5,740 Cuban nationals
interdicted at sea, compared to 827 in FY 2021. In the first four
months of FY 2023, Cuban interdictions are over 80 percent of the Cuban
FY 2022 total, comprising 65 percent of all FY 2023 interdictions at
sea.\7\
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\7\ OIS analysis of USCG data.
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Apprehensions of Cuban nationals in southeast coastal sectors by
U.S. Border Patrol have been increasing rapidly.\8\ There were 2,675
Cuban apprehensions in FY 2022, an 11-fold increase over the FY 2021
total of 239 apprehensions. The first four months of FY 2023 have
already surpassed FY 2022 with 4,273 apprehensions of Cuban nationals
in southeast coastal sectors.\9\
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\8\ Includes Miami, Florida; New Orleans, Louisiana; and Ramey,
Puerto Rico sectors where all apprehensions are land apprehensions
not maritime.
\9\ OIS analysis of OIS Persist Dataset based on data through
January 31, 2023.
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The U.S. Coast Guard (USCG) has interdicted and repatriated Cubans
in recent months. On January 12, 2023, USCG repatriated 177 Cubans from
7 separate interdictions.\10\ USCG repatriated an additional 67 Cubans
between February 23-24 following prior interdictions.\11\
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\10\ USCG, Coast Guard Repatriates 177 People to Cuba, Jan. 12,
2023, https://www.news.uscg.mil/Press-Releases/Article/3265898/coast-guard-repatriates-177-people-to-cuba/.
\11\ USCG, Coast Guard Repatriates 29 People to Cuba, Feb. 23,
2023, https://www.news.uscg.mil/Press-Releases/Article/3306722/coast-guard-repatriates-29-people-to-cuba/; USCG, Coast Guard
Repatriates 38 People to Cuba, Feb. 24, 2023, https://www.news.uscg.mil/Press-Releases/Article/3306850/coast-guard-repatriates-38-people-to-cuba/ cuba/.
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While maritime interdictions of Cuban nationals declined somewhat
in February, DHS assesses that in the Caribbean, the weather and
migrant knowledge of increased law enforcement presence played a
significant role in this reduced maritime movement. Through much of
February, weather conditions were unfavorable for maritime ventures,
particularly on smaller vessels. However, DHS assesses this was only
temporary. In the final days of February and early days of March 2023,
DHS saw a return to multiple interdictions per day. The growing numbers
of migrants taking to sea under dangerous conditions put lives at risk
and places stress on DHS's resources.
Human smugglers and irregular migrant populations continue to use
unseaworthy, overly crowded vessels, piloted by inexperienced mariners,
without any safety equipment--including but not limited to, personal
flotation devices, radios, maritime global positioning systems, or
vessel locator beacons. In FY 2022, the USCG recorded 107 noncitizen
deaths, including those presumed dead, as a result of irregular
maritime migration. In January 2022, the USCG located a capsized vessel
with a survivor clinging to the hull. USCG crews interviewed the
survivor, who indicated there were 34 other individuals on the vessel
who were not in the vicinity of the capsized vessel and the
survivor.\12\ The USCG conducted a multi-day air and surface search for
the missing migrants, eventually recovering five deceased migrants,
while the others were presumed lost at sea.\13\ In November 2022, USCG
and U.S. Customs and Border Protection (CBP) rescued over 180 people
from an overloaded boat that became disabled off the Florida Keys.\14\
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\12\ Adriana Gomez Licon, Associated Press, Situation `dire' as
Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019.
\13\ Adriana Gomez Licon, Associated Press, Coast Guard suspends
search for migrants off Florida, Jan. 27, 2022, https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239.
\14\ Ashley Cox, CBS News CW44 Tampa, More than 180 people
rescued from overloaded vessel in Florida Keys, Nov. 22, 2022,
https://www.cbsnews.com/tampa/news/more-than-180-people-rescued-from-overloaded-vessel-in-florida-keys/.
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The International Organization for Migration's (IOM) Missing
Migrants Project reported at least 321 documented deaths and
disappearances of migrants throughout the Caribbean in 2022, signaling
the highest recorded number since IOM began tracking such events in
2014 and a 78% overall increase over the 180 documented cases in
2021.\15\ Most of those who perished or went missing in the Caribbean
were from Haiti and Cuba.\16\
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\15\ IOM, Missing Migrants in the Caribbean Reached a Record
High in 2022, Jan. 24, 2023, https://www.iom.int/news/missing-migrants-caribbean-reached-record-high-2022.
\16\ Id.
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The U.S. Government's response to maritime migration in the
Caribbean region is governed by Executive Orders, Presidential
Directives, and resulting framework and plans that outline interagency
roles and responsibilities. Homeland Security Task Force-Southeast
(HSTF-SE) is primarily responsible for DHS's response to
[[Page 26331]]
maritime migration in the Caribbean Sea and the Straits of Florida.
Operation Vigilant Sentry is the DHS interagency operational plan for
integrated operations to address and mitigate the threat of a maritime
mass migration in the Caribbean Sea and the Straits of Florida.\17\ The
primary objectives of HSTF-SE are to protect the safety and security of
the United States, uphold U.S. humanitarian principles, maintain the
integrity of the U.S. immigration system, prevent loss of life at sea
and to deter and dissuade maritime migration through mobilizing DHS
resources, reinforced by other federal, state, and local assets and
capabilities.
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\17\ Homeland Security Task Force--Southeast, published through
the U.S. Embassy in Cuba, Homeland Security Task Force Southeast
partners increase illegal migration enforcement patrols in Florida
Straits, Caribbean, Sept. 6, 2022, https://cu.usembassy.gov/homeland-security-task-force-southeast-partners-increase-illegal-migration-enforcement-patrols-in-florida-straits-caribbean/.
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The USCG supports HSTF-SE and views its migrant interdiction
mission as a humanitarian effort to rescue those who risk their lives
by taking to the sea and encourage noncitizens to pursue legal pathways
to enter the United States. By allocating additional assets to migrant
interdiction operations and to prevent conditions that could lead to a
maritime mass migration, the USCG assumes certain operational risk to
other statutory missions. Some USCG assets were reallocated from other
key mission areas, including counter-drug operations, protection of
living marine resources, and support for shipping navigation. Through a
reduction of maritime migration, USCG would in turn reduce the
operational risk to its other statutory missions.
C. Ineligibility Criteria for Maritime Interdictions
In response to the increase in maritime migration and
interdictions, and to disincentivize migrants from attempting the
dangerous journey to the United States by sea, DHS will make
individuals who have been interdicted at sea after April 27, 2023
ineligible for the parole process for Cubans. Further, DHS expects this
change in eligibility criteria to materially reduce the number of
maritime interdictions, by incentivizing migrants to use safe and
orderly means to access the United States.
Migrants who take to the sea are putting their lives at incredible
risk. The goal of this change, like the parole process for Cubans more
broadly, is to save lives at sea and undermine the profits and
operations of the dangerous smuggling networks and transnational
criminal organizations that callously prioritize their profits over the
lives and safety of the people they transport and traffic. The parole
process for Cubans will continue to incentivize intending migrants to
use a safe and orderly means to access the United States via commercial
air flights, thus ultimately reducing the demand for smuggling networks
to facilitate the dangerous journey by sea.
III. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any new reporting requirements
they impose. The process discussed in this notice involves two
collections of information, both of which have previously been approved
under emergency processing. The collections are as follows:
USCIS, Form I-134A, Online Request to be a Supporter and
Declaration of Financial Support, OMB control number 1615-0157.
CBP, Advance Travel Authorization, OMB control number
1651-0143.
More information about both collections can be viewed at
www.reginfo.gov.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023-09013 Filed 4-27-23; 8:45 am]
BILLING CODE 9110-9M-P