Implementation of a Family Reunification Parole Process for Guatemalans, 43581-43591 [2023-14473]
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Federal Register / Vol. 88, No. 130 / Monday, July 10, 2023 / Notices
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changes to their current operations and
will remain in effect through July 31,
2024.
CDC has further determined that good
cause exists for a one-year extension of
the temporary suspension through July
31, 2024, to address public health
concerns regarding importation of dogs
infected with rabies. Moreover, in
parallel to this notice announcing the
extension of the temporary suspension,
CDC is proposing a rule revising entry
requirements to address these concerns
regarding importation of rabid dogs and
fraudulent vaccination documentation.
The proposed rule outlines a framework
and set of operations that would
mitigate the need for further extensions
of the temporary suspension, should
these procedures be adopted. In
consideration of both the anticipated
needs for global rabies vaccine
campaigns to return to pre-pandemic
levels and to avoid disruption to
importers’ and the travel industry’s
operations, CDC has determined that a
one-year extension of the temporary
suspension through July 31, 2024, is
required to protect the public’s health
and is therefore in the public’s interest.
In the absence of further extension of
the temporary suspension, dog
importation requirements would return
to procedures that proved inadequate to
prevent the import of rabid dogs into the
United States. A one-year extension
provides time for CDC to continue to
build a robust dog importation system
while global rabies vaccination efforts
continue to rebound. It will also avoid
potential public confusion regarding
changing dog importation requirements
and better address the needs of
importers, the animal care and transport
industry, and Federal partners who have
indicated they would need time to
adequately prepare for any changes to
their current operations. The proposed
rule published in parallel with this
extension provides an opportunity for
public comment and input on any new
procedures.
This temporary suspension will enter
into effect on August 1, 2023, and
remain in effect through July 31, 2024,
unless modified or rescinded by the
CDC Director based on public health or
other considerations.
Kathryn Wolff,
Chief of Staff, Centers for Disease Control
and Prevention.
[FR Doc. 2023–14342 Filed 7–6–23; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF HOMELAND
SECURITY
[CIS No. 2751–23; DHS Docket No. USCIS–
2023–0008]
RIN 1615–ZC01
Implementation of a Family
Reunification Parole Process for
Guatemalans
Department of Homeland
Security.
ACTION: Notice of implementation of a
family reunification parole process for
Guatemalans.
AGENCY:
This notice announces the
U.S. Department of Homeland Security’s
(DHS) creation and implementation of a
family reunification parole process
(FRP) for Guatemalans. Under this
process, certain Guatemalan principal
beneficiaries of an approved Form I–
130, Petition for Alien Relative, and
their immediate family members, will
be issued advance authorization to
travel to the United States to seek a
discretionary grant of parole into the
United States for a period of up to three
years, rather than remain outside the
United States while awaiting
availability of their immigrant visas.
This process will allow family members
to reunite in the United States while
they wait for their immigrant visas to
become available. This process is
voluntary and intended to provide an
additional lawful, safe, and orderly
avenue for migration from Guatemala to
the United States as an alternative to
irregular migration to help relieve
pressure at the Southwest Border (SWB)
and reunite families, consistent with
U.S. national security interests and
foreign policy priorities. The process
complements other efforts to
collaboratively manage migration in the
Western Hemisphere and at the SWB as
the U.S. Government (USG) continues to
implement its broader, multi-pronged,
and regional strategy to address the
challenges posed by irregular migration.
DATES: DHS will begin using the Form
I–134A, Online Request to be a
Supporter and Declaration of Financial
Support, for this process on July 10,
2023.
SUMMARY:
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:
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I. Background
This notice describes the
implementation of a new parole process
for certain Guatemalan nationals and
their immediate family members,1
including the eligibility criteria and
filing process. The parole process is
intended to reunite families more
quickly and offer an alternative to
dangerous irregular migration routes
through North and Central America to
the United States by providing a process
for certain Guatemalans and their
immediate family members to lawfully
enter the United States in a safe and
orderly manner.
The USG is committed to
implementing a comprehensive
framework to manage migration through
North and Central America.2 Executive
Order (E.O.) 14010 called for a fourpronged approach, including:
addressing the root causes of irregular
migration; managing migration
throughout the region collaboratively
with other nations and stakeholders;
restoring and enhancing the U.S. asylum
system and the process for migrants at
the SWB to access this system; and
creating and expanding lawful pathways
for migrants to enter the United States
and seek protection.3
In July 2021, the National Security
Council (NSC) published the U.S.
Strategy for Addressing the Root Causes
of Migration in Central America.4 This
strategy outlined a comprehensive
framework within which federal
government agencies would work
collaboratively to address the root
causes of irregular migration through
Central America, noting long-standing
political instability, insecurity, and
climate change in the region. Also in
July 2021, the NSC published the
Collaborative Migration Management
Strategy, which described U.S. strategy
to collaboratively manage migration
1 Throughout this notice, ‘‘immediate family
members’’ is used as a shorthand for the derivative
beneficiary spouse and children of a principal
beneficiary. See INA sec. 203(d), 8 U.S.C. 1153(d);
see also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1)
(defining ‘‘child,’’ in general, as meaning ‘‘an
unmarried person under twenty-one years of age’’).
2 See generally Executive Order 14010, Creating a
Comprehensive Regional Framework to Address the
Causes of Migration, To Manage Migration
Throughout North and Central America, and To
Provide Safe and Orderly Processing of Asylum
Seekers at the United States Border (Feb. 2, 2021).
https://www.govinfo.gov/content/pkg/FR-2021-0205/pdf/2021-02561.pdf; see also NSC, Collaborative
Migration Management Strategy (July 2021), https://
www.whitehouse.gov/wp-content/uploads/2021/07/
Collaborative-Migration-Management-Strategy.pdf.
3 See E.O. 14010 at secs. 2–4.
4 See NSC, U.S. Strategy for Addressing the Root
Causes of Migration in Central America (July 2021)
https://www.whitehouse.gov/wp-content/uploads/
2021/07/Root-Causes-Strategy.pdf.
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through Central America.5 Further, in
March 2022, DHS published an interim
final rule (IFR) intended to allow U.S.
immigration officials to consider more
promptly the asylum claims of
individuals encountered at or near the
SWB while ensuring the fundamental
fairness of the asylum process.6 In June
2022, through the Los Angeles
Declaration on Migration and Protection
(L.A. Declaration), the United States,
along with several countries in the
Western Hemisphere, committed to
strengthen national, regional, and
hemispheric efforts to create the
conditions for safe, orderly, humane,
and regular migration, and signaled
their intent to work together to expand
access to regular pathways for migrants
and international protection, including
through family reunification options
where appropriate and feasible, in
accordance with national legislation.7
A critical component of this migration
framework is the creation and
expansion of lawful pathways through
which migrants can come to the United
States as one means of reducing
irregular migration flows. Building on
the success of Uniting for Ukraine,8 in
October 2022, the United States
announced a parole process for certain
Venezuelan nationals and their
immediate family members to lawfully
enter the United States in a safe and
orderly manner.9 The process for
Venezuelans was designed to
immediately address the humanitarian
need and the increasing number of
encounters of Venezuelan nationals at
the SWB.10 Implementation of the
parole process for Venezuelans was
dependent on Mexico continuing to
accept the return of Venezuelan
nationals seeking to irregularly enter the
United States between the ports of entry
(POEs), and the announcement made
clear that Venezuelans who did not
avail themselves of this process, and
who instead entered the United States
without authorization, were subject to
expulsion or removal.11 In January
5 See NSC Collaborative Migration Management
Strategy (July 2021), https://www.whitehouse.gov/
wp-content/uploads/2021/07/Collaborative%20Migration-%20Management-%20Strategy.
6 Procedures for Credible Fear Screening and
Consideration of Asylum, Withholding of Removal,
and CAT Protection Claims by Asylum Officers, 87
FR 18078 (Mar. 29, 2022).
7 The White House, Los Angeles Declaration on
Migration and Protection (June 10, 2022), https://
www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/.
8 Implementation of the Uniting for Ukraine
Parole Process, 87 FR 25040 (Apr. 27, 2022).
9 Implementation of a Parole Process for
Venezuelans, 87 FR 63507 (Oct. 19, 2022).
10 See id.
11 Id.
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2023, DHS implemented similar parole
processes for Cubans, Haitians, and
Nicaraguans, and their immediate
family members, to address the
increasing numbers of encounters of
nationals of those countries at the SWB,
and announced changes to the parole
process for Venezuelans to allow for its
continued operation.12
On May 12, 2023, following the
termination of the Centers for Disease
Control and Prevention’s (CDC) Title 42
public health Order, DHS and the
Department of Justice (DOJ)
implemented a joint final rule,
Circumvention of Lawful Pathways,
which incentivizes migrants to avail
themselves of identified lawful, safe,
and orderly pathways into the United
States, or otherwise to seek asylum or
other protection in another country
through which they travel.13 That rule
reflects the position that an increase in
the availability of lawful pathways
paired with consequences for migrants
who do not avail themselves of such
pathways can encourage the use of
lawful pathways and undermine
transnational criminal organizations
(TCOs), such as smuggling operations.14
In addition, DHS and the Department
of State (State) have collaborated on a
number of efforts to address the
challenges of irregular migration by
expanding access to lawful pathways,
including: restarting and expanding
eligibility criteria to the Central
American Minors (CAM) Program; 15
and expanding refugee processing in
South and Central America, including
by working to establish Safe Mobility
Offices (SMOs) in key locations.16 USG
12 See Implementation of a Parole Process for
Cubans, 88 FR 1266 (Jan. 9, 2023); Implementation
of a Parole Process for Haitians, 88 FR 1243 (Jan.
9, 2023); Implementation of a Parole Process for
Nicaraguans, 88 FR 1255 (Jan. 9, 2023);
Implementation of Changes to the Parole Process for
Venezuelans, 88 FR 1279 (Jan. 9, 2023).
13 88 FR 31314 (May 16, 2023).
14 See id. at 31325.
15 The United States announced in March 2021
that the CAM Program would reopen and continue
with processing for cases that were closed in 2018
when the program was terminated. In June 2021,
the United States announced the program would be
expanded by increasing the categories of eligible
U.S.-based relatives who can request access for their
children in Northern Central America (NCA). In
April 2023, the United States announced
enhancements to the CAM Program, including
updates to certain eligibility criteria for program
access. See Bureau of Population, Refugees, and
Migration; Central American Minors Program, 88
FR 21694 (Apr. 11, 2023).
16 See DHS, Fact Sheet, U.S. Government
Announces Sweeping New Actions to Manage
Regional Migration (Apr. 27, 2023), https://
www.dhs.gov/news/2023/04/27/fact-sheet-usgovernment-announces-sweeping-new-actionsmanage-regional-migration. DHS has previously
announced the intention to establish Regional
Processing Centers (RPCs) but will now refer to
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efforts have also expanded access to H–
2 temporary nonimmigrant worker visas
for individuals in the region while
enhancing worker protections.17
them as Safe Mobility Offices (SMOs) following the
launch of the MovilidadSegura.org website and the
announcements with hosting countries. See The
White House, Joint Statement from the United
States and Guatemala on Migration (Jun 1, 2023),
https://www.whitehouse.gov/briefing-room/
statements-releases/2023/06/01/joint-statementfrom-the-united-states-and-guatemala-onmigration/ and https://www.state.gov/u-s-colombiajoint-commitment-to-address-the-hemisphericchallenge-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-toaddress-the-hemispheric-challenge-of-irregularmigration/; 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/statementsreleases/2023/06/11/readout-of-principal-deputynational-security-advisor-jon-finers-meeting-withcolombian-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-jointcommitment-to-address-the-hemispheric-challengeof-irregular-migration/.
17 While focusing attention on improvements to
recruitment practices and educating workers on
their rights in the NCA countries and labor
conditions in the United States, the United States
Government has been engaging in efforts to
substantially increase the number of H–2 temporary
workers from the NCA countries. As part of these
efforts, the Secretary of Homeland Security, in
consultation with the Secretary of Labor, has
exercised the authority given by Congress to
allocate additional H–2B temporary nonagricultural worker visas under the supplemental
cap. Most recently, on December 15, 2022, DHS and
DOL jointly published a temporary final rule
increasing the number of H–2B nonimmigrant visas
by up to 64,716 for the entirety of FY 2023. See
Exercise of Time-Limited Authority to Increase the
Numerical Limitation for FY 2023 for the H–2B
Temporary Nonagricultural Worker Program and
Portability Flexibility for H–2B Workers Seeking to
Change Employers, 87 FR 76816 (Dec. 15, 2022).
20,000 of these H–2B visas are reserved for
nationals of El Salvador, Guatemala, Honduras, and
Haiti. Id. DHS and DOL similarly exercised this
authority in other recent FYs, with specific
allocations for NCA countries. See Exercise of
Time-Limited Authority To Increase the Numerical
Limitation for Second Half of FY 2022 for the H–
2B Temporary Nonagricultural Worker Program and
Portability Flexibility for H–2B Workers Seeking To
Change Employers, 87 FR 30334 (May 18, 2022)
(authorizing the issuance of no more than 35,000
additional H–2B visas during the second half of FY
2022, of which 11,500 H–2B visas were reserved for
nationals of El Salvador, Guatemala, Honduras, and
Haiti); Exercise of Time-Limited Authority to
Increase the Fiscal Year 2022 Numerical Limitation
for the H–2B Temporary Nonagricultural Worker
Program and Portability Flexibility for H–2B
Workers Seeking to Change Employers, 87 FR 4722
(Jan. 28, 2022) (DHS and DOL authorized an
additional 20,000 H–2B visas, of which 6,500 were
again reserved for nationals of the NCA countries,
with the addition of Haiti); Exercise of TimeLimited Authority to Increase the Fiscal Year 2021
Numerical Limitation for the H–2B Temporary
Nonagricultural Worker Program and Portability
Flexibility for H–2B Workers Seeking to Change
Employers, 86 FR 28198 (May 25, 2021) (DHS and
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Consideration of noncitizens for
parole on a case-by-case basis under the
process outlined here will meaningfully
contribute to the broader USG strategy
of expanding access to lawful pathways
to individuals who may otherwise
undertake an irregular migration
journey to the United States.
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II. Parole Authority
The Immigration and Nationality Act
(INA) provides the Secretary of
Homeland Security (the Secretary) with
the discretionary authority to parole
applicants for admission ‘‘into the
United States temporarily under such
reasonable conditions as [the Secretary]
may prescribe only on a case-by-case
basis for urgent humanitarian reasons or
significant public benefit.’’ 18 Parole is
not an admission of the individual to
the United States, and a parolee remains
an ‘‘applicant for admission’’ during
their period of parole in the United
States.19 DHS sets the duration of the
parole based on the purpose for granting
the parole request and may impose
appropriate conditions on parole.20 DHS
may terminate parole upon notice in its
discretion at any time.21 By regulation,
parolees may apply for and be granted
employment authorization to work
lawfully in the United States.22
Past Secretaries have similarly
exercised the parole authority to
establish other family reunification
parole processes administered by U.S.
Citizenship and Immigration Services
(USCIS). For example, the Cuban Family
Reunification Parole (CFRP) Program, as
established in 2007, allows U.S. citizens
(USCs) and lawful permanent residents
(LPRs) to request parole for certain
eligible family members in Cuba who
are beneficiaries of approved Form I–
130s.23 If parole is authorized, these
DOL authorized a total of 22,000 supplemental
visas, of which 6,000 visas were reserved for
nationals of the NCA countries).
18 INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A);
see also 6 U.S.C. 202(a)(4) (charging the Secretary
with the responsibility for ‘‘[e]stablishing and
administering rules . . . governing . . . parole’’).
19 INA secs. 101(a)(13)(B) and 212(d)(5)(A), 8
U.S.C. 1101(a)(13)(B) and 1182(d)(5)(A).
20 See 8 CFR 212.5(c).
21 See 8 CFR 212.5(e).
22 See 8 CFR 274a.12(c)(11).
23 See Cuban Family Reunification Parole
Program, 72 FR 65588 (Nov. 21, 2007) (Noting that
granting parole to eligible aliens under the CFRP
Program serves the significant public benefit of
enabling the United States to meet its commitments
under the Migration Accords as well as ‘‘reducing
the perceived need for family members left behind
in Cuba to make irregular and inherently dangerous
attempts to arrive in the United States through
unsafe maritime crossings, thereby discouraging
alien smuggling as a means to enter the United
States,’’ and stating that whether to parole a
particular alien ‘‘remains, however, a case-by-case,
discretionary determination.’’).
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family members may come to the United
States and seek parole before their
immigrant visa priority dates are
current.24 Similarly, in 2014, the Haitian
Family Reunification Parole (HFRP)
Program was established, allowing USCs
and LPRs to request parole for certain
eligible family members in Haiti who
are beneficiaries of approved Form I–
130s, who may subsequently come to
the United States and seek parole before
their immigrant visa priority dates are
current.25
III. The FRP Process for Guatemalans
As in the CFRP and HFRP processes,
this FRP process for Guatemalans will
allow USCs and LPRs to request for
certain family members to receive
advance authorization to travel to the
United States to seek parole at an
interior POE. Individuals who are
eligible to be considered for parole
under this process include nationals of
Guatemala who are beneficiaries of an
approved Form I–130 family-based
immigrant petition, as well as their
immediate family members, who are
outside the United States and who have
not yet received an immigrant visa. Like
the CFRP and HFRP processes, this
process requires that the Form I–130
petitioner first receive an invitation to
request consideration for advance
authorization to travel and parole on
behalf of the Guatemalan principal
beneficiary of the approved Form I–130
and the principal beneficiary’s
immediate family members. As in the
CFRP and HFRP processes, this
invitation requirement will allow DHS
to adjust the number of invitations
issued based on the resources available
to process requests and to achieve
desired policy objectives. If issued
advance authorization to travel, the
beneficiary will be permitted to travel to
the United States to be considered for a
discretionary grant of parole on a caseby-case basis at an interior POE.
Noncitizens paroled into the United
States under this FRP process will
generally be paroled for up to three
years, consistent with the HFRP process.
If granted parole into the United States,
parolees will be able to request
employment authorization while they
wait for their immigrant visa to become
available and to apply for adjustment of
status to that of an LPR once an
24 Id.
25 See Implementation of Haitian Family
Reunification Parole Program, 79 FR 75581 (Dec.
18, 2014) (‘‘By expanding existing legal means for
Haitians to immigrate, the HFRP Program serves a
significant public benefit by promoting safe, legal,
and orderly migration to the United States.
Furthermore, it supports U.S. goals for Haiti’s longterm reconstruction and development.’’).
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immigrant visa becomes available to
them. As with the CFRP and HFRP
processes, under this FRP process for
Guatemalans, parole will only be
authorized on a discretionary, case-bycase, and temporary basis upon a
demonstration of urgent humanitarian
reasons or significant public benefit, as
well as a demonstration that the
beneficiary warrants a favorable exercise
of discretion. Noncitizens paroled into
the United States under this process
may request additional periods of
parole. DHS will determine whether an
additional period is warranted, on a
case-by-case basis, for urgent
humanitarian reasons or significant
public benefit.
IV. Justification for the Process—
Significant Public Benefit
As noted above, section 212(d)(5)(A)
of the INA, 8 U.S.C. 1182(d)(5)(A),
confers upon the Secretary the
discretionary authority to parole
noncitizens ‘‘into the United States
temporarily under such reasonable
conditions as [the Secretary] may
prescribe only on a case-by-case basis
for urgent humanitarian reasons or
significant public benefit.’’
The case-by-case parole of noncitizens
with approved family-based immigrant
visa petitions under this process will, in
general, provide a significant public
benefit by furthering the USG’s holistic
migration management strategy,
specifically by: (1) promoting family
unity; (2) furthering important foreign
policy objectives, (3) providing a lawful
and timely alternative to irregular
migration; (4) reducing strain on limited
U.S. resources; and (5) addressing root
causes of migration through economic
stability and development supported by
increased remittances.
A. Promoting Family Unity
Consistent with Section 3(b)(ii) of
E.O. 14010, the case-by-case parole of
noncitizens under this FRP process will
provide the significant public benefit of
promoting family unity by providing a
more expeditious pathway for USCs and
LPRs to reunite with their family
members from Guatemala in the United
States. Currently, nationals of
Guatemala with approved family-based
petitions often wait many years before
their immigrant visas can be issued and
they can travel to the United States to
apply for admission as immigrants.26
26 For example, under the May 2023 Department
of State Visa Bulletin, a Guatemalan married child
of a U.S. citizen—F3 Preference Relative category—
will only have an immigrant visa available to them
if their relative filed the Form I–130 on their behalf
more than 14 years ago. See DOS, Visa Bulletin for
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While waiting for an immigrant visa to
be issued, security concerns and
uncertainty in their home countries,
combined with a desire to reunify with
family in the United States, could cause
many to undertake irregular migratory
routes in the absence of an alternative
path to come to the United States in the
near term for family reunification.
By facilitating quicker reunification of
USCs and LPRs with their family
members in the United States, this FRP
process will improve the social and
economic stability and well-being of
these families, as well as their
communities at large. Additionally,
facilitating reunification in the shortterm through a lawful, safe, and orderly
pathway will provide the significant
public benefit of promoting the
reception and integration of arriving
noncitizens into American society. New
arrivals will be introduced sooner to the
networks already built by family
members living in the United States,
providing them an opportunity to
familiarize themselves with the United
States, establish stable financial
foundations, find housing and
transportation, and enroll in school and
find childcare for their children as they
wait for their immigrant visas to become
available.
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B. Furthering Important Foreign Policy
Objectives
The United States has been engaging
with international partners to manage
irregular migration through various
lines of effort, including bringing
together leaders from nations across the
Western Hemisphere to endorse the L.A.
Declaration,27 joining Colombia and
Panama to ramp up efforts to address
irregular flows through the Darie´n,28
working to establish SMOs in key
locations in the Western Hemisphere,29
May 2023, Number 77, Volume X (May 2023),
https://travel.state.gov/content/travel/en/legal/visalaw0/visa-bulletin/2023/visa-bulletin-for-may2023.html. However, these dates are not predictive.
Due to increases in Form I–130 volumes, it is likely
that a Guatemalan married child of a U.S. citizen
for whom a Form I–130 is filed today will have
even longer to wait before an immigrant visa
becomes available.
27 See The White House, Los Angeles Declaration
on Migration and Protection, June 10, 2022, https://
www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/.
28 Trilateral Joint Statement, April 11, 2023,
https://www.dhs.gov/news/2023/04/11/trilateraljoint-statement.
29 See The White House, Joint Statement from the
United States and Guatemala on Migration (June 1,
2023), https://www.whitehouse.gov/briefing-room/
statements-releases/2023/06/01/joint-statementfrom-the-united-states-and-guatemala-onmigration/; See United States Department of State,
U.S.-Colombia Joint Commitment to Address the
Hemispheric Challenge of Irregular Migration (June
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joining Mexico to announce and
develop a humanitarian plan on
migration,30 and issuing a trilateral
statement with Canada and Spain to
announce our intent to partner together
to deepen engagement in Latin
America.31 A central theme of all these
efforts is, as further articulated below,
expanding and strengthening access to
lawful pathways for migration. Many
countries have cooperated extensively
to: (1) create and expand access to
lawful pathways in their respective
countries; and (2) increase enforcement
measures along the migratory routes and
introduce policies that seek to reduce
irregular migration from or through their
countries. In turn, regional partner
countries have consistently requested
that the United States expand and
strengthen access to lawful pathways,
even following implementation of the
parole processes for nationals of Cuba,
Haiti, Nicaragua, and Venezuela
(CHNV). Implementation of this parole
process is one way of responding to
such requests. Therefore, the parole of
noncitizens, on a case-by-case basis,
under this process will secure
cooperation and strengthen bilateral
relations with regional partners in
furtherance of U.S. national interests.
This process is not only responsive to
the requests and interests of key foreign
partners—and necessary for addressing
migration challenges requiring
coordination between two or more
governments—it is also fully aligned
with larger and important foreign policy
objectives of this Administration and
fits within a network of carefully
negotiated actions by multiple
governments, as reflected in the L.A.
Declaration and the aforementioned
actions.32 The L.A. Declaration
4, 2023), https://www.state.gov/u-s-colombia-jointcommitment-to-address-the-hemispheric-challengeof-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-ofprincipal-deputy-national-security-advisor-jonfiners-meeting-with-colombian-foreign-ministeralvaro-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-costarica-joint-commitment-to-address-the-hemisphericchallenge-of-irregular-migration/.
30 See The White House, Mexico and United
States Strengthen Joint Humanitarian Plan on
Migration, May 2, 2023, https://
www.whitehouse.gov/briefing-room/statementsreleases/2023/05/02/mexico-and-united-statesstrengthen-joint-humanitarian-plan-on-migration/.
31 See DHS, Trilateral statement on joint
commitment to Latin America, May 3, 2023, https://
www.dhs.gov/news/2023/05/03/trilateral-statementjoint-commitment-latin-america.
32 The White House, Los Angeles Declaration on
Migration and Protection (June 10, 2022), https://
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acknowledges the endorsees’ shared
responsibility on migration and
commitment to strengthen national,
regional, and hemispheric efforts to
create the conditions for safe, orderly,
humane, and regular migration.33 All 21
countries that endorsed the declaration
reaffirmed their shared commitment to
strengthening and expanding regular
pathways and promoting principles of
safe, orderly, humane, and regular
migration.34 As such, it is the view of
the United States that this process
advances the Administration’s foreign
policy goals by demonstrating U.S.
partnership and U.S. commitment to the
shared goals of addressing migration
through the hemisphere, both of which
are essential to maintaining strong
relationships with key partners to
manage migration collaboratively.
The USG further intensified its
international engagement in recent
months and weeks as the date on which
the CDC Title 42 public health Order 35
would terminate neared and DHS
anticipated a significant potential
further increase in irregular migration.36
For instance, consistent with the goals
of the L.A. Declaration and in
anticipation of the end of the Title 42
public health Order, on April 11, 2023,
and at the request of the United States,
the United States, jointly with the
Governments of Panama and Colombia,
committed to three goals—a counterhuman smuggling effort in both the land
and maritime domain; an expansion of
lawful pathways as an alternative to
irregular migration; and increased
economic investment in impacted
border communities—as part of a
coordinated 60-day campaign and
sustained cooperation beyond the initial
two-month campaign to reduce irregular
migration.37 Implementing this process
www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/.
33 Id.
34 Id.
35 See Public Health Determination and Order
Regarding Suspending the Right to Introduce
Certain Persons from Countries Where a
Quarantinable Communicable Disease Exists, 87 FR
19941, 19941–42 (Apr. 6, 2022) (describing the
CDC’s recent Title 42 public health Orders, which
‘‘suspend[ ] the right to introduce certain persons
into the United States from countries or places
where the quarantinable communicable disease
exists in order to protect the public health from an
increased risk of the introduction of COVID–19’’).
36 See 88 FR 11704, 11704–08 (Feb. 23, 2023)
(describing ‘‘concern about the possibility of a surge
in irregular migration upon, or in anticipation of,
the eventual lifting of the Title 42 public health
Order’’’’); CNN, Southern border braces for a
migrant surge with Title 42 set to expire this week,
May 8, 2023, https://www.cnn.com/2023/05/08/us/
title-42-expires-border-immigration/.
37 Trilateral Joint Statement, April 11, 2023,
https://www.dhs.gov/news/2023/04/11/trilateraljoint-statement.
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fulfills one of the commitments the
United States made with its regional
partners to seek to, among all three
governments, ‘‘[o]pen new lawful and
flexible pathways for tens of thousands
of migrants and refugees as an
alternative to irregular migration.’’ 38
The USG also continues to encourage
regional governments to continue to
expand lawful pathways that they make
available for migrants, including
providing status to migrants residing in
their countries, as well as establish
removal programs. Colombia, for
example, has given 10-year temporary
protected status to approximately 2.5
million Venezuelans, allowing them to
work, study, and access public
services.39 Ecuador, Costa Rica, Belize,
and Peru are also undertaking similar
efforts to regularize migrants from
Venezuela and Nicaragua.40 Partner
countries have also taken actions to
forgive existing migrant overstay fines,
effectively removing one of the largest
barriers to regularization.41 Brazil’s
‘‘Operation Welcome’’ helped over
100,000 Venezuelans voluntarily
resettle in places where they have
greater economic opportunity.42 Mexico
and Canada are increasing the number
of people that they welcome on a
humanitarian basis.43 The
implementation of this parole process
will demonstrate to these regional
governments the commitment of the
United States government to continue to
expand lawful, safe, and orderly
pathways as an alternative to irregular
migration.
C. Lawful Alternative to Irregular
Migration
In addition to existing lawful
pathways, implementation of this FRP
process will provide another lawful,
safe, and orderly alternative to irregular
migration in the near term. In the past
several years, out-migration from the
countries of Northern Central America
(NCA), including El Salvador,
Guatemala, and Honduras, has
accounted for a significant proportion of
individuals seeking to irregularly
migrate to the United States. In Fiscal
Year (FY) 2021, CBP encounters with
Guatemalans at the SWB increased by
about 112 percent as compared to FY18,
38 See
id.
Secretary Antony J. Blinken and Secretary
of Homeland Security Alejandro Mayorkas at a Joint
Press Availability—United States Department of
State, Apr. 27, 2023, https://www.state.gov/
secretary-antony-j-blinken-and-secretary-ofhomeland-security-alejandro-mayorkas-at-a-jointpress-availability/.
40 See id.
41 See id.
42 See id.
43 See id.
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39 See
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and 4.8 percent as compared to FY19,
with encounters totaling approximately
283,000 in FY21 as compared to 133,200
and 270,100 in FY18 and FY19,
respectively.44 Encounters with
Guatemalans dropped in FY22, but still
remained high with 231,500
encounters.45 For FY21 through April
2023 of FY23, migrants from the NCA
accounted for more than 27 percent of
all encounters at the SWB, with
Guatemalans accounting for
approximately 11.3 percent of all
encounters.46 Economic insecurity and
high levels of poverty, food insecurity,
and sexual and gender-based violence,
coupled with the desire to reunite with
family members already in the United
States, are driving migrants from NCA
countries, including Guatemala, to the
United States.47
Some beneficiaries of approved
family-based immigrant visa petitions
may have to wait many years for an
immigrant visa to become available.48
While beneficiaries will still need to
wait to apply to become an LPR, this
FRP process will allow certain
noncitizens to spend part of that waiting
time with family in the United States.
The process will create a lawful, safe,
and orderly pathway to travel to the
United States for certain nationals of
Guatemala and their immediate family
members, who have already followed
established channels to begin seeking
lawful status in the United States,
whose immigrant visa petitions have
been approved, and who are waiting for
an immigrant visa to become available.
The availability of this FRP process
could discourage beneficiaries whose
immigrant visas are not expected to
become available soon from engaging in
irregular migration by providing a hope
and expectation that they will soon have
access to a reasonably foreseeable, safe,
and orderly alternative to irregular
44 Data as of May 4, 2023. OIS analysis of CBP
data.
45 Id.
46 Id.
47 See Migration Policy Institute, Charting a New
Regional Course of Action: The Complex
Motivations and Costs of Central American
Migration (Nov. 2021) https://
www.migrationpolicy.org/research/motivationscosts-central-american-migration; see also NSC,
U.S. Strategy for Addressing the Root Causes of
Migration in Central America (July 2021) https://
www.whitehouse.gov/wp-content/uploads/2021/07/
Root-Causes-Strategy.pdf.
48 See William Kandel, Congressional Research
Service, U.S. Family-Based Immigration Policy
(Feb. 9, 2018), https://crsreports.congress.gov/
product/pdf/R/R43145; DOS, Visa Bulletin for May
2023, Number 77, Volume X (May 2023), https://
travel.state.gov/content/travel/en/legal/visa-law0/
visa-bulletin/2023/visa-bulletin-for-may-2023.html.
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43585
migration for which they may choose to
wait.
D. Reducing Strain on Limited U.S.
Resources
Substantial irregular migration,
including from Guatemala, has strained
DHS’s reception and processing
capacity at the SWB.49 By establishing
a lawful pathway for some of these
migrants from Guatemala, on a case-bycase basis, to enter the country before an
immigrant visa becomes immediately
available to them, this FRP process is
expected to reduce the number of
irregular migrants encountered at the
SWB,50 thereby providing a significant
public benefit by reducing the strain on
border reception and processing
capacity, including by diverting the
processing of individuals to interior
POEs.
Paroling individuals through this
process will be less resource-intensive
than processing individuals who
irregularly migrate. Noncitizens who
arrive through this FRP process will
generally not require placement in DHS
custody or removal proceedings,
allowing more space and resources to be
used for managing irregular migration.51
Furthermore, by establishing a
meaningful, near-term lawful pathway
that certain individuals, if found to be
eligible on a case-by-case basis, may
choose to use in lieu of attempting to
enter the United States irregularly, the
process will redirect such intending
migrants away from irregular migratory
routes that funnel money into TCOs.
TCOs engaged in human smuggling
along the route from the NCA region to
the United States earn hundreds of
millions to billions of dollars each year
from smuggling activities associated
with irregular migration.52 TCOs exploit
49 See Migration Policy Institute, Record-Breaking
Migrant Encounters at the U.S.-Mexico Border
Overlook the Bigger Story, (Oct. 2022) https://
www.migrationpolicy.org/news/2022-recordmigrant-encounters-us-mexico-border.
50 As of late May 2023, there are currently an
estimated 12,800 Guatemalan nationals with an
approved Form I–130 waiting to travel to the United
States. Individuals in this population may need to
wait over 15 years for an immigrant visa to become
available. Although DHS does not expect to issue
invitations corresponding to all such Guatemalan
nationals, this process may result in a significant
reduction in wait times outside the United States
for a substantial portion of this population,
reducing incentives for irregular migration.
51 See, e.g., INA secs. 235, 240, 8 U.S.C. 1225,
1229a.
52 Homeland Security Operational Analysis
Center, Human Smuggling and Associated
Revenues: What Do or Can We Know About Routes
from Central America to the United States (2019)
https://www.rand.org/content/dam/rand/pubs/
research_reports/RR2800/RR2852/RAND_
RR2852.pdf; see also DHS, Fact Sheet: Counter
Human Smuggler Campaign Update (Oct. 6, 2022)
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irregular migration for financial gain,
either by charging migrants to cross the
border, forcing migrants to carry
contraband as they cross, or forcing and
coercing migrants into a sex or labor
trafficking situation.53 This money can
then be used to fund additional human
smuggling, drug trafficking, and human
trafficking, to buy weapons, or to engage
in other illicit activities in the region, all
of which are competing priorities for
limited U.S. border resources to
confront and manage.54 This FRP
process is expected to reduce the
number of irregular migrants who may
be exploited by TCOs engaged in human
smuggling, serving a significant public
benefit.
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E. Addressing Root Causes of Migration
Through Remittances
This FRP process will also aid U.S.
efforts in addressing economic
insecurity in Guatemala, which is a key
factor that drives out-migration.55
Unlike many individuals who
irregularly migrate, noncitizens who are
paroled into the United States through
this process will be immediately eligible
to apply for employment authorization
that they may maintain throughout the
duration of their parole period, allowing
them to contribute to the U.S. economy
through the labor they provide, taxes
they pay, and consumption of goods or
payment of rent and utilities in their
new U.S. communities.56 Noncitizens
with authorization to work also
typically enjoy higher wages than those
without employment authorization,
providing them with the resources to
send additional money to their home
country as remittances.57
https://www.dhs.gov/news/2022/10/06/fact-sheetcounter-human-smuggler-campaign-update-dhsled-effort-makes-5000th.
53 DHS’s Efforts to Disrupt Transnational
Criminal Organizations in Central America: Hearing
before the Subcommittee on Oversight,
Management, and Accountability of the Committee
of Homeland Security of the House of
Representatives, 117th Cong. (2021).
54 Id.
55 U.S. Department of State, Integrated Country
Strategies—Guatemala, Apr. 29, 2022, https://
www.state.gov/wp-content/uploads/2022/08/ICS_
WHA_Guatemala_Public.pdf.
56 See generally, e.g., National Academies of
Sciences, Engineering, and Medicine, ‘‘The
Economic and Fiscal Consequences of Immigration’’
(2017), https://nap.nationalacademies.org/catalog/
23550/the-economic-and-fiscal-consequences-ofimmigration; Chair Cecilia Rouse, Lisa Barrow,
Kevin Rinz, and Evan Soltas, The White House
Blog: The Economic Benefits of Extending
Permanent Legal Status to Unauthorized
Immigrants (Sept. 17, 2021), https://
www.whitehouse.gov/cea/blog/2021/09/17/theeconomic-benefits-of-extending-permanent-legalstatus-to-unauthorized-immigrants/.
57 George J. Borjas, ‘‘The Earnings of
Undocumented Immigrants,’’ National Bureau of
Economic Research (Mar. 2017), https://
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Additional remittances sent back to
Guatemala, together with other efforts to
improve the investment climate and
infrastructure in the country and
address security concerns may promote
economic development and address
some of the root causes of migration.58
Remittances from migrants from NCA
countries including Guatemala already
play a crucial role in their economies.59
In 2018, remittances from migrants
living abroad were equivalent to 12
percent of Gross Domestic Product
(GDP) in Guatemala.60 Remittances
remained stable in 2019, at 13.8
percent.61 Following the onset of the
COVID–19 pandemic in 2020,
remittances to the NCA countries
increased dramatically as a percentage
of GDP in 2021. In Guatemala
specifically, remittances were
equivalent to 18 percent of the country’s
2021 GDP.62 For the first eight months
of 2022, remittances to El Salvador,
Guatemala, and Honduras increased
16.5 percent.63 Remittances provide a
crucial financial lifeline that enhances
economic development and promotes
economic stability for many individuals,
families, and communities in
Guatemala, impacting individual
decisions on whether to leave the
region. In the absence of timely
alternative options for lawful pathways,
such as parole under this process, and
www.nber.org/papers/w23236 (providing that
noncitizens without authorization to work earn less
than those with employment authorization).
58 Pew Research Center, Remittances from Abroad
are major economic assets for some developing
countries (Jan. 29, 2018) https://
www.pewresearch.org/fact-tank/2018/01/29/
remittances-from-abroad-are-major-economicassets-for-some-developing-countries/; see also
NSC, U.S. Strategy for Addressing the Root Causes
of Migration in Central America (July 2021) https://
www.whitehouse.gov/wp-content/uploads/2021/07/
Root-Causes-Strategy.pdf; see also Atlas of
Sustainable Development Goals, Remittances: a
lifeline for many economies, The World Bank
(2020) https://datatopics.worldbank.org/sdgatlas/
goal-17-partnerships-for-the-goals/.
59 See Atlas of Sustainable Development Goals,
Remittances: a lifeline for many economies, The
World Bank (2020) https://
datatopics.worldbank.org/sdgatlas/goal-17partnerships-for-the-goals/; see also Council on
Foreign Relations, Central America’s Turbulent
Northern Triangle (July 1, 2021) https://
www.cfr.org/backgrounder/central-americasturbulent-northern-triangle.
60 Congressional Research Service, U.S. Strategy
for Engagement in Central America: Policy Issues
for Congress (Nov. 12, 2019) https://fas.org/sgp/crs/
row/R44812.pdf.
61 The World Bank, Personal Remittances,
received (% of GDP)—Guatemala (last visited June
9, 2023) https://data.worldbank.org/indicator/
BX.TRF.PWKR.DT.GD.ZS?locations=GT.
62 Bloomberg Lı
´nea, Remittances to Central
America on Track to Break Records (Nov. 1, 2022)
https://www.bloomberglinea.com/english/
remittances-to-central-america-on-track-tobreaking-records/.
63 Id.
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the additional remittances that are
anticipated to result from
implementation of this process,
individuals are more likely to turn to
irregular migration in the short-term.
V. Eligibility
A. Petitioners
Invitations to participate in this
process will be issued to certain
petitioners who have an approved Form
I–130 filed on behalf of a Guatemalan
principal beneficiary. Invitations will be
issued based on operational capacity,
the expected period of time until the
principal beneficiary’s immigrant visa
becomes available, and in a manner
calibrated to best achieve the policy
aims of this process as described in this
Notice. Petitioners who have an
approved 64 Form I–130 filed on behalf
of a Guatemalan principal beneficiary
outside the United States should ensure
that their mailing address and other
contact information are up to date with
State’s National Visa Center (NVC), as
this is the information that will be used
to issue invitations. The invitations will
provide information about how the
petitioner may file a request with USCIS
that initiates this FRP process on behalf
of a Guatemalan principal beneficiary of
an approved Form I–130, and a separate
request for any immediate family
members of the principal beneficiary.
As part of the request process, the
petitioner will be required to provide
evidence of their income and assets and
commit to provide financial support to
the beneficiary named in the request for
the length of parole by submitting Form
I–134A online. Petitioners will also be
required to provide evidence to verify
the family 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 under
this process. As part of the review
process, the petitioner must pass
security and background vetting,
including for public safety, national
security, human trafficking, and
exploitation concerns.
B. Beneficiaries
A beneficiary is a national of
Guatemala (or their immediate family
member of any nationality) who is
outside the United States and who may
64 In certain circumstances, such as if the
beneficiary is no longer eligible for the Form I–130
(e.g., the petitioner is no longer an LPR or USC),
parole would be denied, and the Form I–130
approval would be revoked. If DHS revokes Form
I–130 approval, the beneficiary will no longer be
eligible for an immigrant visa. DHS will make these
determinations on a case-by-case basis and will
provide a written notice.
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be considered for a discretionary grant
of parole under this FRP process. To
ultimately be considered for a
discretionary issuance of advance
authorization to travel to the United
States to seek a discretionary grant of
parole at the POE, a beneficiary must:
• be outside the United States;
• be the principal beneficiary (or a
derivative beneficiary spouse or
child) 65 of an approved Form I–130,
Petition for Alien Relative;
• be a national of Guatemala or be a
non-Guatemalan derivative beneficiary
spouse or child 66 of a Guatemalan
principal beneficiary;
• have a petitioning relative in the
United States who received an
invitation to initiate this FRP process on
their behalf by filing a Form I–134A;
• have a U.S.-based petitioning
relative who filed a Form I–134A on
their behalf that USCIS has vetted and
confirmed;
• have not yet been issued an
immigrant visa at the time the invitation
is issued to the petitioning relative; and
• have an unexpired passport valid
for international travel, or possess
alternative acceptable documentation as
described in the invitation letter issued
to the petitioning relative.
In addition, each beneficiary must
undergo and pass national security and
public safety vetting and must
demonstrate that they otherwise merit a
favorable exercise of discretion by DHS.
This includes vetting prior to issuance
of advance authorization to travel to an
interior POE to seek parole, as well as
additional vetting completed by CBP
upon inspection and collection of
biometrics at the POE, as described in
the section of this Notice that details the
processing steps for this FRP process.
CBP will consider a beneficiary’s
previous immigration history,
encounters with USG entities, and the
results of screening and vetting when
determining eligibility to be issued
advance authorization to travel to the
United States, as well as when
determining, on a case-by-case basis,
whether to grant parole to the
beneficiary at the POE. When making
65 See INA sec. 203(d), 8 U.S.C. 1153(d); see also
INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining
‘‘child,’’ in general, as meaning ‘‘an unmarried
person under twenty-one years of age’’). If a
principal beneficiary married or had a child after
USCIS approved the underlying Form I–130, that
spouse or unmarried child under 21 may in some
circumstances become a derivative beneficiary and
may be eligible for parole based on their
relationship to the principal beneficiary. Such
‘‘add-on derivatives’’ are included within the term
‘‘derivative’’ in this notice.
66 Certain non-Guatemalans may use this process
if they are a derivative beneficiary of a Guatemalan
principal beneficiary and traveling with that
Guatemalan beneficiary.
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these discretionary advance
authorizations to travel and parole
determinations, DHS will consider a
beneficiary to be ineligible for this
process if the beneficiary:
• has crossed irregularly into the
United States, between the POEs, after
July 10, 2023, except DHS will not
consider a beneficiary to be ineligible
based on a single instance of voluntary
departure pursuant to section 240B of
the INA, 8 U.S.C. 1229c, or withdrawal
of their application for admission
pursuant to section 235(a)(4) of the INA,
8 U.S.C. 1225(a)(4);
• has been interdicted at sea 67 after
July 10, 2023; or
• has been ordered removed from the
United States within the prior five years
or is subject to a bar to admissibility
based on a prior removal order.68
DHS also will consider other factors
in making discretionary determinations
consistent with long-standing policy
and practice.
Each beneficiary must demonstrate
that a grant of parole is warranted based
on a significant public benefit or urgent
humanitarian reasons, and that the
beneficiary merits a favorable exercise
of discretion in order for CBP to grant
parole upon arrival at the POE. Each
beneficiary must also comply with all
additional requirements, including
vaccination requirements and other
public health guidelines.
Participation in this process is not
limited to those beneficiaries currently
living in Guatemala. However, as noted
above, beneficiaries must be outside the
United States to participate in the
process. In order to use the advance
authorization to travel to the United
States, the beneficiary must have
sufficient documentation (e.g.,
international passport) to travel on a
commercial airline. Beneficiaries under
the age of 18 to whom CBP issues
advance authorization to travel under
this process may be subject to additional
screening and/or travel parameters in
coordination with U.S. authorities to
ensure appropriate travel arrangements
and coordination with their parent(s) or
legal guardian(s). This FRP process does
not affect CBP’s legal obligations
regarding the identification and
processing of unaccompanied
children.69
A potential beneficiary of this process
who enters the United States between
67 For purposes of this notice, ‘‘interdicted at sea’’
refers to migrants directly interdicted by the U.S.
Coast Guard from vessels subject to U.S.
jurisdiction or vessels without nationality, or
migrants transferred to the U.S. Coast Guard.
68 See, e.g., INA sec. 212(a)(9)(A), 8 U.S.C.
1182(a)(9)(A).
69 See 6 U.S.C. 279(g)(2) (defining
‘‘unaccompanied alien child’’).
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POEs after July 10, 2023 rather than
being considered for parole under this
process will be ineligible for this
process, except as indicated above, and
will be processed under Title 8 of the
U.S. Code and face appropriate
consequences for that choice. For
example, they may be subject to
potential criminal prosecution,70
expedited removal proceedings,71 or
removal proceedings under section 240
of the INA, 8 U.S.C. 1229a. In addition,
potential beneficiaries who enter the
United States between POEs rather than
be considered for parole under this
process may be or may become
ineligible for adjustment of status 72 or
for an immigrant visa 73 as a result of
entering without inspection and not
having been admitted or paroled.74
C. Processing Steps
This FRP process will be
implemented in light of lessons learned
through the CFRP and HFRP processes
and will build on technological
advancements and efficiencies
developed since the inception of CFRP
and HFRP. All steps of the process,
70 8 U.S.C. 1325, 1326 (for illegal entry and
reentry, respectively).
71 INA sec. 235(b)(1)(A)(i), 8 U.S.C.
1225(b)(1)(A)(i).
72 INA sec. 245(a), 8 U.S.C. 1255(a) (requiring
adjustment of status applicants to be inspected and
admitted or inspected and paroled, as well as be
admissible); INA sec. 245(c), 8 U.S.C. 1255(c)(2)
(adjustment of status applicants are ineligible if
they are in unlawful immigration status on the date
of filing the application for adjustment of status or
fail to maintain continuously a lawful status since
entry into the United States); INA sec. 212(a), 8
U.S.C. 1182(a) (grounds of inadmissibility that,
absent the granting of an available waiver, render
applicants for adjustment of status ineligible).
73 INA sec. 221(g), 8 U.S.C. 1201(g) (immigrant
visa applicants are ineligible for immigrant visas if
inadmissible under INA sec. 212(a), 8 U.S.C.
1182(a)); INA sec. 212(a), 8 U.S.C. 1182(a) grounds
of inadmissibility that render applicants for
immigrant visas ineligible).
74 For example, an applicant for adjustment of
status who previously accrued more than one year
of unlawful presence, departed, and thereafter
reentered the United States without admission or
parole is inadmissible and ineligible for adjustment
unless they apply for and obtain consent to reapply
for admission from outside the United States after
waiting ten years after their last departure from the
United States. See INA sec. 212(a)(9)(C)(i)(I), 8
U.S.C. 1182(a)(9)(C)(i)(I). In addition, an applicant
for an immigrant visa who accrued more than 180
days of unlawful presence in the United States,
departed (or is removed, as applicable), and again
seeks admission (by filing an immigrant visa
application) within 3 or 10 years of departure (or
removal) is inadmissible and ineligible for an
immigrant visa unless they apply for and obtain a
waiver of inadmissibility. See INA sec. 212(a)(9)(B),
8 U.S.C. 1182(a)(9)(B). Additionally, an applicant
for an immigrant visa who was ordered removed,
departed, and again seeks admission within certain
periods of time thereafter is inadmissible and
therefore ineligible for an immigrant visa unless
they apply for and obtain consent to reapply for
admission. See INA sec. 212(a)(9)(A), 8 U.S.C.
1182(a)(9)(A).
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except for the ultimate parole
determination made in-person, on a
case-by-case basis, by CBP at the POE,
will generally be completed online,
including individualized, case-by-case
identity and eligibility determinations
and robust security vetting.
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Step 1: Invitation Sent to Petitioner
An invitation may be sent to a
petitioner who has filed an approved
Form I–130 on behalf of the potential
principal and derivative beneficiaries.
The decision whether to send the
invitation is based on multiple
discretionary factors. Such factors may
include operational capacity
considerations, the expected period of
time until the beneficiary’s immigrant
visa becomes available, as well as other
measures calibrated to best achieve the
policy aims of this process as described
in this Notice. Only after receiving an
invitation may the petitioner file a
request and initiate consideration under
this FRP process. The invitation will
instruct the petitioner on next steps to
initiate this process on behalf of the
beneficiaries, including instructions on
documentation to include in their Form
I–134A. Each invitation will include an
identifying number that the petitioner
must include in the Form I–134A for
each beneficiary on whose behalf they
wish to request to be a supporter and to
initiate consideration for advance
authorization to travel to the United
States to seek parole at an interior POE.
Step 2: Petitioner Files Form I–134A
Online
After receiving an invitation, the USC
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 online myUSCIS web portal to
initiate this process. The Form I–134A
identifies and collects information on
both the petitioner and the beneficiary.
The petitioner must submit a separate
Form I–134A for each beneficiary,
including derivatives of the principal
beneficiary. The petitioner must submit
evidence establishing their income and
assets and commit to provide financial
support to the beneficiary for the
duration of parole. The petitioner must
also submit evidence establishing the
family relationships between the
principal beneficiary and all derivative
beneficiaries. USCIS will perform
background checks on the petitioner
and verify their financial information to
ensure that the petitioner is able to
financially support the beneficiary. If
the petitioner’s Form I–134A is
confirmed, the request proceeds to the
next step.
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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 an online account with
myUSCIS 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 myUSCIS 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 myUSCIS and
completing required eligibility
attestations, the beneficiary will receive
instructions through myUSCIS for
accessing the CBP One mobile
application. The beneficiary must enter
certain biographic and biometric
information—including a ‘‘live’’ facial
photograph—into CBP One.
Step 5: Approval To Travel to the
United States
A beneficiary who establishes
eligibility for this process, passes all the
requisite vetting, and demonstrates that
they otherwise warrant a favorable
exercise of discretion, may receive an
electronic advance authorization to
travel from CBP, facilitating their ability
to travel to the United States to seek a
discretionary grant of parole, on a caseby-case basis, at an interior POE. The
beneficiary will receive a notice in their
myUSCIS account confirming whether
CBP has, in CBP’s discretion, provided
the beneficiary with advance
authorization to travel to the United
States. If approved, the beneficiary is
responsible for securing their own travel
via commercial air to an interior POE.75
Approval of advance authorization to
travel does not guarantee a beneficiary
will be paroled into the United States
upon inspection at the POE. Whether to
parole the individual is a discretionary,
case-by-case determination made by
75 Air carriers can validate an approved and valid
travel authorization submission using the same
mechanisms that are currently in place to validate
that a traveler has a valid visa or other
documentation to facilitate issuance of a boarding
pass for air travel.
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CBP at the time the individual arrives at
the interior POE.
Step 6: Beneficiary Seeks Parole at the
POE
CBP will inspect each beneficiary
arriving at an interior POE under this
process and consider each individual,
on a case-by-case basis, for a grant of
discretionary parole for a period of up
to three years.
Upon arrival at the interior POE, the
beneficiary will be required to submit
additional biometrics to DHS, including
another photograph and fingerprints.
This biometric information will support
additional vetting against available
databases to inform an independent
determination by CBP officers as to
whether parole is warranted on a caseby-case basis and whether the
beneficiary merits a favorable exercise
of discretion. A beneficiary who is
determined to pose a national security
or public safety threat will generally be
denied parole. A beneficiary who
otherwise does not warrant parole
pursuant to section 212(d)(5)(A) of the
INA, 8 U.S.C. 1182(d)(5)(A), and as a
matter of discretion upon inspection,
will be processed under an appropriate
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.76
All of the steps in this process,
including the decision to confirm or
non-confirm the Form I–134A, as well
as the decision whether to issue
advance authorization to travel and the
parole decision at the interior POE, are
entirely discretionary and not subject to
appeal on any grounds. Parole may be
terminated upon notice at DHS
discretion, and the noncitizen may be
placed into removal proceedings and/or
detained if, for example, the parolee
fails to maintain the conditions for the
parole or other derogatory information
emerges during the parole period.
D. Termination and No Private Rights
The Secretary retains the sole
discretion to terminate this FRP 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,
76 8
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CFR 274a.12(c)(11).
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substantive or procedural, enforceable
by any party in any matter, civil or
criminal.
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VI. Other Considerations in the
Establishment of This FRP Process
DHS has considered the potential
impact of this FRP process on
individuals applying for benefits under
other immigration programs or
processes, given that USCIS and CBP
may reassign employees and reallocate
resources to administer this process.
This reassignment or reallocation could
potentially impact processing times for
USCIS- or CBP-administered
immigration programs and processes.
Although personnel and resources may
be diverted from other similar processes
and programs, participation in this
process is by invitation only. DHS can
adjust the number of invitations issued
to alleviate pressure on other programs
and processes as resource limitations
require. As detailed above, each
beneficiary of this process who is
diverted away from irregular migration
will also reduce the strain on border
reception and processing capacity.
Therefore, these costs are not significant
enough to outweigh the benefits of the
process.
DHS also considered the alternative
approach of not establishing this
process. As stated throughout this
Notice, this process will provide many
benefits and has few drawbacks. DHS
has made an effort to identify and
consider any reliance interests of the
parties affected by establishment of this
process. Ultimately, DHS has
determined that the significant public
benefit of the case-by-case parole of
individuals under this FRP process to
the United States, and other affected
parties, including the reduction in
irregular migration expected to be
accomplished in connection with this
process, outweigh the costs that may be
incurred, while noting that this FRP
process will not increase the total
number of individuals eligible to enter
the United States, as the potential
beneficiaries already have a pathway to
lawful permanent residence. For
example, DHS has determined that the
significant public benefits of the caseby-case parole of individuals under this
process outweighs any costs incurred
for schools and social services (such as
health care) in the period between their
parole into the United States and the
time when a beneficiary’s immigrant
visa already would have become
available (at which point they soon
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thereafter would, in general, have been
admitted as immigrants).77
Alternatively, as discussed below, a
decision to not establish this process
would adversely affect the United
States’ ability to negotiate for and
request additional enforcement
measures and increased cooperation
with removals and ensure foreign
partners’ continued collaboration. In
addition, certain nationals of Guatemala
still waiting for their immigrant visas to
become available would remain
separated from their family members
and could resort to irregular migration
without this process. For any such
Guatemalan nationals, the USG would
need to commit resources to respond to
their arrival, processing, and removal
pursuant to the INA. Those who manage
to cross the border without being
encountered by CBP would join the
population of individuals living in the
United States without authorization,
unable to legally seek employment. The
states in which they settle would be less
likely to benefit from additional tax
revenues and other positive economic
contributions these individuals would
have provided if they had a lawful
pathway like this FRP process through
which they may apply for employment
authorization while they wait to apply
to adjust to LPR status.
VII. Regulatory Requirements
A. Administrative Procedure Act (APA)
This process is exempt from noticeand-comment rulemaking and delayed
effective date requirements on multiple
grounds and is therefore amenable to
immediate issuance and
implementation.
First, DHS is merely adopting a
general statement of policy,78 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.’’ 79 As
section 212(d)(5)(A) of the INA, 8 U.S.C.
1182(d)(5)(A), provides, parole
decisions are made by the Secretary ‘‘in
his discretion.’’ This policy creates a
process for making discretionary, caseby-case parole decisions.
Second, even if this process were
considered to be a legislative rule that
would normally be subject to
requirements for notice-and-comment
77 See, e.g., National Academies of Sciences,
Engineering, and Medicine, ‘‘The Economic and
Fiscal Consequences of Immigration’’ (2017),
https://nap.nationalacademies.org/catalog/23550/
the-economic-and-fiscal-consequences-ofimmigration.
78 5 U.S.C. 553(b)(A).
79 See Lincoln v. Vigil, 508 U.S. 182, 197 (1993)
(quoting Chrysler Corp. v. Brown, 441 U.S. 281,302
n.31 (1979)).
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43589
rulemaking and a delayed effective date,
the process would be exempt from such
requirements because it involves a
foreign affairs function of the United
States.80 Courts have held that this
exemption applies when the rule in
question ‘‘is clearly and directly
involved in a foreign affairs
function.’’ 81 In addition, although the
text of the Administrative Procedure Act
does not require an agency invoking this
exemption to show that such procedures
may result in ‘‘definitely undesirable
international consequences,’’ some
courts have required such a showing.82
This process satisfies both standards.
Specifically, as discussed in the section
above entitled, Furthering Important
Foreign Policy Objectives, this FRP
process is one part of the United States’
ongoing efforts to engage hemispheric
partners to increase their efforts to
collaboratively manage irregular
migration. As discussed in that section,
and as further explained below, the
expansion of lawful pathways for
noncitizens to enter the United States is
necessary to ensure partners’ continued
collaboration on migration issues,
including the ability of the United
States to meet other immigrationmanagement priorities such as the
timely establishment of SMOs.83
Delaying issuance and
implementation of this process to
undertake notice-and-comment
rulemaking and a delayed effective date
would complicate broader ongoing and
future discussions and negotiations with
key foreign partners about migration
management, including the new
measures the United States announced
on April 27, 2023, in anticipation of the
May 11 lifting of the Title 42 public
health Order.84 These measures are
being implemented in close
coordination with partner countries.
Ongoing negotiations with partner
countries involve the implementation of
a range of new measures, including
establishing SMOs in key locations in
the Western Hemisphere to manage and
reduce irregular migration and improve
qualified individuals’ access to
80 5
U.S.C. 553(a)(1).
e.g., Mast Indus. v. Regan, 596 F. Supp.
1567, 1582 (C.I.T. 1984) (cleaned up).
82 See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437
(2d Cir. 2008).
83 See DHS, Fact Sheet: U.S. Government
Announces Sweeping New Actions to Manage
Regional Migration, Apr. 27, 2023, https://
www.dhs.gov/news/2023/04/27/fact-sheet-usgovernment-announces-sweeping-new-actionsmanage-regional-migration.
84 See DHS, Fact Sheet: U.S. Government
Announces Sweeping New Actions to Manage
Regional Migration, Apr. 27, 2023, https://
www.dhs.gov/news/2023/04/27/fact-sheet-usgovernment-announces-sweeping-new-actionsmanage-regional-migration.
81 See,
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accelerated refugee processing, family
reunification, and labor pathways in the
United States. As a key part of these
negotiations, the United States and its
partners are providing meaningful
alternatives to irregular migration,
including through lawful pathways to
the United States, Canada, and Spain, as
well as integration in host countries
closer to home. The success of SMOs
and other new measures to reduce
irregular migration to the SWB is
therefore connected to the United States
expanding access to lawful pathways,
including family reunification parole
processes that will benefit nationals in
countries identified to host SMOs. The
USG also continues to engage with and
ask additional governments to consider
connecting their lawful pathways to
SMO efforts and is building goodwill
and momentum to seek SMOs in still
more countries in the region.
On May 2, 2023, the United States
and Mexico jointly announced a number
of measures to address the humanitarian
situation caused by unprecedented
migration flows in the hemisphere by
creating incentives for migrants to use
lawful pathways, while announcing that
consequences for unlawful entry would
continue once the Title 42 public health
Order was lifted. The announcements
emphasized the importance of
strengthening and expanding access to
lawful pathways, including in Central
America, which will continue to remain
a central topic of bilateral relations.85
Specifically, the United States stated its
intention to welcome as many as
100,000 individuals from El Salvador,
Guatemala, and Honduras under the
family reunification parole processes,
while the Government of Mexico
recognized the value in SMOs and is
considering how it can contribute to
their success. Mexico concurrently
committed to continue to accept the
return of certain CHNV nationals on
humanitarian grounds beyond the lifting
of the Title 42 public health Order on
May 11, 2023.
Additionally, after a series of
negotiations, on June 1, 2023, the
United States and Guatemala issued a
joint statement to commit to take a
series of critical steps to humanely
reduce irregular migration and expand
lawful pathways under the LA.
Declaration.86 As the first step of a
85 See Mexico and United States Strengthen Joint
Humanitarian Plan on Migration, May 2, 2023,
https://www.whitehouse.gov/briefing-room/
statements-releases/2023/05/02/mexico-and-unitedstates-strengthen-joint-humanitarian-plan-onmigration/.
86 See The White House, Joint Statement from the
United States and Guatemala on Migration (June 1,
2023), https://www.whitehouse.gov/briefing-room/
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comprehensive program to manage
irregular migration, both countries
intend to implement a six-month pilot
phase of SMOs, which facilitate access
to lawful pathways to the United States
and other countries, family
reunification, and access to temporary
work visas.87 These offices began
accepting appointments on the website
movilidadsegura.org on June 12, 2023.88
In the same announcement, the United
States and Guatemala stated that they
will also deepen cooperation on border
security and will continue to address
the root causes of irregular migration.89
In addition, on June 4, 2023, the
United States and Colombia announced
the impending establishment of SMOs
that would identify, register, and
categorize the reasons for irregular
migration and channel those who
qualify through lawful pathways from
Colombia to the United States.90 The
goal is to prevent irregular migration to
the United States or other places in the
Hemisphere. The U.S. government also
reaffirmed its commitment to
simultaneously expand additional
lawful pathways for Colombians with
temporary work visas and expanded
family reunification.91 As stated in the
announcement, the USG is working
with the government of Colombia to
promptly implement processing through
SMOs to ensure the success of this
initiative.92
Furthermore, on June 12, 2023, the
USG and the Government of Costa Rica,
in furtherance of bilateral partnership
and addressing hemispheric challenge
of irregular migration, announced an
exploratory six-month implementation
of SMOs.93 SMOs in Costa Rica will
facilitate access to lawful pathways to
statements-releases/2023/06/01/joint-statementfrom-the-united-states-and-guatemala-onmigration/.
87 Id
88 Id.
89 Id.
90 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-jointcommitment-to-address-the-hemispheric-challengeof-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-ofprincipal-deputy-national-security-advisor-jonfiners-meeting-with-colombian-foreign-ministeralvaro-leyva/.
91 Id.
92 Id.
93 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-ricajoint-commitment-to-address-the-hemisphericchallenge-of-irregular-migration/.
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the United States and other countries,
including expedited refugee processing
and other humanitarian and labor
pathways.94 In addition to starting the
SMOs initiative, the USG and the
Government of Costa Rica reaffirmed
their commitment to work with all
countries across the region to promote
integration of refugees and migrants,
expand lawful pathways, and promote
humane border management.95
Overall, delaying issuance and
implementation of this process to
undertake rulemaking would complicate
these and future U.S. efforts to manage
migration together with foreign partners.
Because this FRP is an example of the
United States’ shared commitment to
managing migration consistent with the
L.A. Declaration and has been a key
point in ongoing negotiations and
partnerships, such a delay would risk
undermining these partner countries’
continued efforts, which are critical to
the U.S. foreign policy approach to
migration management.
Furthermore, the delay associated
with implementing this process through
notice-and-comment rulemaking would
adversely affect the United States’
ability to negotiate for and request
additional enforcement measures and
increased cooperation with removals,
which is timely and urgent given the
conclusion of Title 42 enforcement on
May 11. Regional partner countries have
repeatedly requested additional lawful
pathways in diplomatic engagements in
return for increased law enforcement
measures throughout the migratory
routes, imposing additional
requirements on key nationalities using
their countries as a gateway to make
irregular journeys to the SWB, and
accepting additional removal flights
with significantly reduced manifest
times. Coordinated USG efforts with
partner countries in the Western
Hemisphere, following the lifting of the
CDC’s Title 42 public health Order on
May 11, 2023, and transition to
processing under Title 8 of U.S. Code
have led to a reduction of irregular
migration flows throughout the region
and at the SWB. However, the USG’s
assessment is that this might be a
temporary shift if the United States and
partner countries do not sustain their
efforts to expand access to lawful
pathways and enforcement measures
along the migratory routes as our
regional partner countries and
international organization partners
report skyrocketing inquiries from
migrants about availability of, and
requirements for lawful pathways and
94 Id.
95 Id.
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enforcement penalties for unlawful
entry into the United States. A key
means of delivering on these
partnerships, in keeping with the U.S.
strategy and approach on migration
management overall, is to make
available lawful pathways to provide
safe and orderly alternatives to the
danger and consequences of irregular
migration.
The invocation of the foreign affairs
exemption is also consistent with DHS
precedent. For example, in 2017, DHS
published a notice eliminating an
exception to expedited removal for
certain Cuban nationals, which
explained that the change in policy was
consistent with the foreign affairs
exemption because the change was
central to ongoing negotiations between
the two countries.96 DHS similarly
invoked the foreign affairs exemption
more recently, in connection with the
CHNV parole processes.97
B. Paperwork Reduction Act (PRA)
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96 See DHS, Eliminating Exception To Expedited
Removal Authority for Cuban Nationals
Encountered in the United States or Arriving by
Sea, 82 FR 4902 (Jan. 17, 2017).
97 See DHS, Implementation of a Parole Process
for Cubans, 88 FR 1266 (Jan. 9, 2023); DHS,
Implementation of a Parole Process for Haitians, 88
FR 1243 (Jan. 9, 2023); DHS, Implementation of a
Parole Process for Nicaraguans, 88 FR 1255 (Jan. 9,
2023); DHS, Implementation of Changes to the
Parole Process for Venezuelans, 88 FR 1282 (Jan. 9,
2023); DHS, Implementation of a Parole Process for
Venezuelans, 87 FR 63507 (Oct. 19, 2022).
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Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2023–14473 Filed 7–7–23; 8:45 am]
BILLING CODE 9111–97–P; 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[CIS No. 2749–23; DHS Docket No. USCIS–
2023–0006]
RIN 1615–ZB99
Implementation of a Family
Reunification Parole Process for
Colombians
Department of Homeland
Security.
ACTION: Notice of implementation of a
family reunification parole process for
Colombians.
AGENCY:
This notice announces the
U.S. Department of Homeland Security’s
(DHS) creation and implementation of a
family reunification parole process
(FRP) for Colombians. Under this
process, certain Colombian principal
beneficiaries of an approved Form I–
130, Petition for Alien Relative, and
their immediate family members, will
be issued advance authorization to
travel to the United States to seek a
discretionary grant of parole into the
United States for a period of up to three
years, rather than remain outside the
United States while awaiting
availability of their immigrant visas.
This process will allow family members
to reunite in the United States while
they wait for their immigrant visas to
become available. This process is
voluntary and intended to provide an
additional lawful, safe, and orderly
avenue for migration from Colombia to
the United States as an alternative to
irregular migration to help relieve
pressure at the Southwest Border (SWB)
and reunite families, consistent with
U.S. national security interests and
foreign policy priorities. The process
complements other efforts to
collaboratively manage migration in the
Western Hemisphere and at the SWB as
the U.S. Government (USG) continues to
implement its broader, multi-pronged,
and regional strategy to address the
challenges posed by irregular migration.
DATES: DHS will begin using the Form
I–134A, Online Request to be a
Supporter and Declaration of Financial
SUMMARY:
Under the Paperwork Reduction Act
(PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to
the Office of Management and Budget
(OMB), for review and approval, any
new reporting requirements they
impose. The process announced by this
notice requires changes to the
collections of information on Form I–
134A, Online Request to be a Supporter
and Declaration of Financial Support
(OMB control number 1615–0157),
which will be used for the FRP process
for Guatemalans and is being revised in
connection with this notice by
increasing the burden estimate. This
process also requires changes to the
collection of information for Advance
Travel Authorization (ATA) (OMB
Control Number 1651–0143). 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
and ATA for a period of 6 months.
Within 45 days, USCIS and CBP will
issue respective 60-day Federal Register
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notices seeking comment on these
changes.98
98 Per the normal clearance procedures at 5 CFR
1320.10(e).
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Support, for this process on July 10,
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
This notice describes the
implementation of a new parole process
for certain Colombian nationals and
their immediate family members,1
including the eligibility criteria and
filing process. The parole process is
intended to reunite families more
quickly and offer an alternative to
dangerous irregular migration routes
through North and Central America to
the United States by providing a process
for certain Colombians and their
immediate family members to lawfully
enter the United States in a safe and
orderly manner.
The USG is committed to
implementing a comprehensive
framework to manage migration through
North and Central America.2 Executive
Order (E.O.) 14010 called for a fourpronged approach, including:
addressing the root causes of irregular
migration; managing migration
throughout the region collaboratively
with other nations and stakeholders;
restoring and enhancing the U.S. asylum
system and the process for migrants at
the SWB to access this system; and
creating and expanding lawful pathways
for migrants to enter the United States
and seek protection.3
In July 2021, the National Security
Council (NSC) published the U.S.
Strategy for Addressing the Root Causes
of Migration in Central America.4 This
1 Throughout this notice, ‘‘immediate family
members’’ is used as a shorthand for the derivative
beneficiary spouse and children of a principal
beneficiary. See INA sec. 203(d), 8 U.S.C. 1153(d);
see also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1)
(defining ‘‘child,’’ in general, as meaning ‘‘an
unmarried person under twenty-one years of age’’).
2 See generally Executive Order 14010, Creating a
Comprehensive Regional Framework to Address the
Causes of Migration, To Manage Migration
Throughout North and Central America, and To
Provide Safe and Orderly Processing of Asylum
Seekers at the United States Border (Feb. 2, 2021).
https://www.govinfo.gov/content/pkg/FR-2021-0205/pdf/2021-02561.pdf; see also NSC, Collaborative
Migration Management Strategy (July 2021), https://
www.whitehouse.gov/wp-content/uploads/2021/07/
Collaborative-Migration-Management-Strategy.pdf.
3 See E.O. 14010 at secs. 2–4.
4 See NSC, U.S. Strategy for Addressing the Root
Causes of Migration in Central America (July 2021)
E:\FR\FM\10JYN1.SGM
Continued
10JYN1
]]>Agencies
[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43581-43591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14473]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2751-23; DHS Docket No. USCIS-2023-0008]
RIN 1615-ZC01
Implementation of a Family Reunification Parole Process for
Guatemalans
AGENCY: Department of Homeland Security.
ACTION: Notice of implementation of a family reunification parole
process for Guatemalans.
-----------------------------------------------------------------------
SUMMARY: This notice announces the U.S. Department of Homeland
Security's (DHS) creation and implementation of a family reunification
parole process (FRP) for Guatemalans. Under this process, certain
Guatemalan principal beneficiaries of an approved Form I-130, Petition
for Alien Relative, and their immediate family members, will be issued
advance authorization to travel to the United States to seek a
discretionary grant of parole into the United States for a period of up
to three years, rather than remain outside the United States while
awaiting availability of their immigrant visas. This process will allow
family members to reunite in the United States while they wait for
their immigrant visas to become available. This process is voluntary
and intended to provide an additional lawful, safe, and orderly avenue
for migration from Guatemala to the United States as an alternative to
irregular migration to help relieve pressure at the Southwest Border
(SWB) and reunite families, consistent with U.S. national security
interests and foreign policy priorities. The process complements other
efforts to collaboratively manage migration in the Western Hemisphere
and at the SWB as the U.S. Government (USG) continues to implement its
broader, multi-pronged, and regional strategy to address the challenges
posed by irregular migration.
DATES: DHS will begin using the Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support, for this process on
July 10, 2023.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
SUPPLEMENTARY INFORMATION:
I. Background
This notice describes the implementation of a new parole process
for certain Guatemalan nationals and their immediate family members,\1\
including the eligibility criteria and filing process. The parole
process is intended to reunite families more quickly and offer an
alternative to dangerous irregular migration routes through North and
Central America to the United States by providing a process for certain
Guatemalans and their immediate family members to lawfully enter the
United States in a safe and orderly manner.
---------------------------------------------------------------------------
\1\ Throughout this notice, ``immediate family members'' is used
as a shorthand for the derivative beneficiary spouse and children of
a principal beneficiary. See INA sec. 203(d), 8 U.S.C. 1153(d); see
also INA sec. 101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in
general, as meaning ``an unmarried person under twenty-one years of
age'').
---------------------------------------------------------------------------
The USG is committed to implementing a comprehensive framework to
manage migration through North and Central America.\2\ Executive Order
(E.O.) 14010 called for a four-pronged approach, including: addressing
the root causes of irregular migration; managing migration throughout
the region collaboratively with other nations and stakeholders;
restoring and enhancing the U.S. asylum system and the process for
migrants at the SWB to access this system; and creating and expanding
lawful pathways for migrants to enter the United States and seek
protection.\3\
---------------------------------------------------------------------------
\2\ See generally Executive Order 14010, Creating a
Comprehensive Regional Framework to Address the Causes of Migration,
To Manage Migration Throughout North and Central America, and To
Provide Safe and Orderly Processing of Asylum Seekers at the United
States Border (Feb. 2, 2021). https://www.govinfo.gov/content/pkg/FR-2021-02-05/pdf/2021-02561.pdf; see also NSC, Collaborative
Migration Management Strategy (July 2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.
\3\ See E.O. 14010 at secs. 2-4.
---------------------------------------------------------------------------
In July 2021, the National Security Council (NSC) published the
U.S. Strategy for Addressing the Root Causes of Migration in Central
America.\4\ This strategy outlined a comprehensive framework within
which federal government agencies would work collaboratively to address
the root causes of irregular migration through Central America, noting
long-standing political instability, insecurity, and climate change in
the region. Also in July 2021, the NSC published the Collaborative
Migration Management Strategy, which described U.S. strategy to
collaboratively manage migration
[[Page 43582]]
through Central America.\5\ Further, in March 2022, DHS published an
interim final rule (IFR) intended to allow U.S. immigration officials
to consider more promptly the asylum claims of individuals encountered
at or near the SWB while ensuring the fundamental fairness of the
asylum process.\6\ In June 2022, through the Los Angeles Declaration on
Migration and Protection (L.A. Declaration), the United States, along
with several countries in the Western Hemisphere, committed to
strengthen national, regional, and hemispheric efforts to create the
conditions for safe, orderly, humane, and regular migration, and
signaled their intent to work together to expand access to regular
pathways for migrants and international protection, including through
family reunification options where appropriate and feasible, in
accordance with national legislation.\7\
---------------------------------------------------------------------------
\4\ See NSC, U.S. Strategy for Addressing the Root Causes of
Migration in Central America (July 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf.
\5\ See NSC Collaborative Migration Management Strategy (July
2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-%20Migration-%20Management-%20Strategy.
\6\ Procedures for Credible Fear Screening and Consideration of
Asylum, Withholding of Removal, and CAT Protection Claims by Asylum
Officers, 87 FR 18078 (Mar. 29, 2022).
\7\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
---------------------------------------------------------------------------
A critical component of this migration framework is the creation
and expansion of lawful pathways through which migrants can come to the
United States as one means of reducing irregular migration flows.
Building on the success of Uniting for Ukraine,\8\ in October 2022, the
United States announced a parole process for certain Venezuelan
nationals and their immediate family members to lawfully enter the
United States in a safe and orderly manner.\9\ The process for
Venezuelans was designed to immediately address the humanitarian need
and the increasing number of encounters of Venezuelan nationals at the
SWB.\10\ Implementation of the parole process for Venezuelans was
dependent on Mexico continuing to accept the return of Venezuelan
nationals seeking to irregularly enter the United States between the
ports of entry (POEs), and the announcement made clear that Venezuelans
who did not avail themselves of this process, and who instead entered
the United States without authorization, were subject to expulsion or
removal.\11\ In January 2023, DHS implemented similar parole processes
for Cubans, Haitians, and Nicaraguans, and their immediate family
members, to address the increasing numbers of encounters of nationals
of those countries at the SWB, and announced changes to the parole
process for Venezuelans to allow for its continued operation.\12\
---------------------------------------------------------------------------
\8\ Implementation of the Uniting for Ukraine Parole Process, 87
FR 25040 (Apr. 27, 2022).
\9\ Implementation of a Parole Process for Venezuelans, 87 FR
63507 (Oct. 19, 2022).
\10\ See id.
\11\ Id.
\12\ See Implementation of a Parole Process for Cubans, 88 FR
1266 (Jan. 9, 2023); Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); Implementation
of Changes to the Parole Process for Venezuelans, 88 FR 1279 (Jan.
9, 2023).
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On May 12, 2023, following the termination of the Centers for
Disease Control and Prevention's (CDC) Title 42 public health Order,
DHS and the Department of Justice (DOJ) implemented a joint final rule,
Circumvention of Lawful Pathways, which incentivizes migrants to avail
themselves of identified lawful, safe, and orderly pathways into the
United States, or otherwise to seek asylum or other protection in
another country through which they travel.\13\ That rule reflects the
position that an increase in the availability of lawful pathways paired
with consequences for migrants who do not avail themselves of such
pathways can encourage the use of lawful pathways and undermine
transnational criminal organizations (TCOs), such as smuggling
operations.\14\
---------------------------------------------------------------------------
\13\ 88 FR 31314 (May 16, 2023).
\14\ See id. at 31325.
---------------------------------------------------------------------------
In addition, DHS and the Department of State (State) have
collaborated on a number of efforts to address the challenges of
irregular migration by expanding access to lawful pathways, including:
restarting and expanding eligibility criteria to the Central American
Minors (CAM) Program; \15\ and expanding refugee processing in South
and Central America, including by working to establish Safe Mobility
Offices (SMOs) in key locations.\16\ USG efforts have also expanded
access to H-2 temporary nonimmigrant worker visas for individuals in
the region while enhancing worker protections.\17\
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\15\ The United States announced in March 2021 that the CAM
Program would reopen and continue with processing for cases that
were closed in 2018 when the program was terminated. In June 2021,
the United States announced the program would be expanded by
increasing the categories of eligible U.S.-based relatives who can
request access for their children in Northern Central America (NCA).
In April 2023, the United States announced enhancements to the CAM
Program, including updates to certain eligibility criteria for
program access. See Bureau of Population, Refugees, and Migration;
Central American Minors Program, 88 FR 21694 (Apr. 11, 2023).
\16\ See DHS, Fact Sheet, U.S. Government Announces Sweeping New
Actions to Manage Regional Migration (Apr. 27, 2023), https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration. 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. 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/.
\17\ While focusing attention on improvements to recruitment
practices and educating workers on their rights in the NCA countries
and labor conditions in the United States, the United States
Government has been engaging in efforts to substantially increase
the number of H-2 temporary workers from the NCA countries. As part
of these efforts, the Secretary of Homeland Security, in
consultation with the Secretary of Labor, has exercised the
authority given by Congress to allocate additional H-2B temporary
non-agricultural worker visas under the supplemental cap. Most
recently, on December 15, 2022, DHS and DOL jointly published a
temporary final rule increasing the number of H-2B nonimmigrant
visas by up to 64,716 for the entirety of FY 2023. See Exercise of
Time-Limited Authority to Increase the Numerical Limitation for FY
2023 for the H-2B Temporary Nonagricultural Worker Program and
Portability Flexibility for H-2B Workers Seeking to Change
Employers, 87 FR 76816 (Dec. 15, 2022). 20,000 of these H-2B visas
are reserved for nationals of El Salvador, Guatemala, Honduras, and
Haiti. Id. DHS and DOL similarly exercised this authority in other
recent FYs, with specific allocations for NCA countries. See
Exercise of Time-Limited Authority To Increase the Numerical
Limitation for Second Half of FY 2022 for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking To Change Employers, 87 FR 30334 (May 18, 2022)
(authorizing the issuance of no more than 35,000 additional H-2B
visas during the second half of FY 2022, of which 11,500 H-2B visas
were reserved for nationals of El Salvador, Guatemala, Honduras, and
Haiti); Exercise of Time-Limited Authority to Increase the Fiscal
Year 2022 Numerical Limitation for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking to Change Employers, 87 FR 4722 (Jan. 28, 2022) (DHS
and DOL authorized an additional 20,000 H-2B visas, of which 6,500
were again reserved for nationals of the NCA countries, with the
addition of Haiti); Exercise of Time-Limited Authority to Increase
the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary
Nonagricultural Worker Program and Portability Flexibility for H-2B
Workers Seeking to Change Employers, 86 FR 28198 (May 25, 2021) (DHS
and DOL authorized a total of 22,000 supplemental visas, of which
6,000 visas were reserved for nationals of the NCA countries).
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[[Page 43583]]
Consideration of noncitizens for parole on a case-by-case basis
under the process outlined here will meaningfully contribute to the
broader USG strategy of expanding access to lawful pathways to
individuals who may otherwise undertake an irregular migration journey
to the United States.
II. Parole Authority
The Immigration and Nationality Act (INA) provides the Secretary of
Homeland Security (the Secretary) with the discretionary authority to
parole applicants for admission ``into the United States temporarily
under such reasonable conditions as [the Secretary] may prescribe only
on a case-by-case basis for urgent humanitarian reasons or significant
public benefit.'' \18\ Parole is not an admission of the individual to
the United States, and a parolee remains an ``applicant for admission''
during their period of parole in the United States.\19\ DHS sets the
duration of the parole based on the purpose for granting the parole
request and may impose appropriate conditions on parole.\20\ DHS may
terminate parole upon notice in its discretion at any time.\21\ By
regulation, parolees may apply for and be granted employment
authorization to work lawfully in the United States.\22\
---------------------------------------------------------------------------
\18\ INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6
U.S.C. 202(a)(4) (charging the Secretary with the responsibility for
``[e]stablishing and administering rules . . . governing . . .
parole'').
\19\ INA secs. 101(a)(13)(B) and 212(d)(5)(A), 8 U.S.C.
1101(a)(13)(B) and 1182(d)(5)(A).
\20\ See 8 CFR 212.5(c).
\21\ See 8 CFR 212.5(e).
\22\ See 8 CFR 274a.12(c)(11).
---------------------------------------------------------------------------
Past Secretaries have similarly exercised the parole authority to
establish other family reunification parole processes administered by
U.S. Citizenship and Immigration Services (USCIS). For example, the
Cuban Family Reunification Parole (CFRP) Program, as established in
2007, allows U.S. citizens (USCs) and lawful permanent residents (LPRs)
to request parole for certain eligible family members in Cuba who are
beneficiaries of approved Form I-130s.\23\ If parole is authorized,
these family members may come to the United States and seek parole
before their immigrant visa priority dates are current.\24\ Similarly,
in 2014, the Haitian Family Reunification Parole (HFRP) Program was
established, allowing USCs and LPRs to request parole for certain
eligible family members in Haiti who are beneficiaries of approved Form
I-130s, who may subsequently come to the United States and seek parole
before their immigrant visa priority dates are current.\25\
---------------------------------------------------------------------------
\23\ See Cuban Family Reunification Parole Program, 72 FR 65588
(Nov. 21, 2007) (Noting that granting parole to eligible aliens
under the CFRP Program serves the significant public benefit of
enabling the United States to meet its commitments under the
Migration Accords as well as ``reducing the perceived need for
family members left behind in Cuba to make irregular and inherently
dangerous attempts to arrive in the United States through unsafe
maritime crossings, thereby discouraging alien smuggling as a means
to enter the United States,'' and stating that whether to parole a
particular alien ``remains, however, a case-by-case, discretionary
determination.'').
\24\ Id.
\25\ See Implementation of Haitian Family Reunification Parole
Program, 79 FR 75581 (Dec. 18, 2014) (``By expanding existing legal
means for Haitians to immigrate, the HFRP Program serves a
significant public benefit by promoting safe, legal, and orderly
migration to the United States. Furthermore, it supports U.S. goals
for Haiti's long-term reconstruction and development.'').
---------------------------------------------------------------------------
III. The FRP Process for Guatemalans
As in the CFRP and HFRP processes, this FRP process for Guatemalans
will allow USCs and LPRs to request for certain family members to
receive advance authorization to travel to the United States to seek
parole at an interior POE. Individuals who are eligible to be
considered for parole under this process include nationals of Guatemala
who are beneficiaries of an approved Form I-130 family-based immigrant
petition, as well as their immediate family members, who are outside
the United States and who have not yet received an immigrant visa. Like
the CFRP and HFRP processes, this process requires that the Form I-130
petitioner first receive an invitation to request consideration for
advance authorization to travel and parole on behalf of the Guatemalan
principal beneficiary of the approved Form I-130 and the principal
beneficiary's immediate family members. As in the CFRP and HFRP
processes, this invitation requirement will allow DHS to adjust the
number of invitations issued based on the resources available to
process requests and to achieve desired policy objectives. If issued
advance authorization to travel, the beneficiary will be permitted to
travel to the United States to be considered for a discretionary grant
of parole on a case-by-case basis at an interior POE. Noncitizens
paroled into the United States under this FRP process will generally be
paroled for up to three years, consistent with the HFRP process. If
granted parole into the United States, parolees will be able to request
employment authorization while they wait for their immigrant visa to
become available and to apply for adjustment of status to that of an
LPR once an immigrant visa becomes available to them. As with the CFRP
and HFRP processes, under this FRP process for Guatemalans, parole will
only be authorized on a discretionary, case-by-case, and temporary
basis upon a demonstration of urgent humanitarian reasons or
significant public benefit, as well as a demonstration that the
beneficiary warrants a favorable exercise of discretion. Noncitizens
paroled into the United States under this process may request
additional periods of parole. DHS will determine whether an additional
period is warranted, on a case-by-case basis, for urgent humanitarian
reasons or significant public benefit.
IV. Justification for the Process--Significant Public Benefit
As noted above, section 212(d)(5)(A) of the INA, 8 U.S.C.
1182(d)(5)(A), confers upon the Secretary the discretionary authority
to parole noncitizens ``into the United States temporarily under such
reasonable conditions as [the Secretary] may prescribe only on a case-
by-case basis for urgent humanitarian reasons or significant public
benefit.''
The case-by-case parole of noncitizens with approved family-based
immigrant visa petitions under this process will, in general, provide a
significant public benefit by furthering the USG's holistic migration
management strategy, specifically by: (1) promoting family unity; (2)
furthering important foreign policy objectives, (3) providing a lawful
and timely alternative to irregular migration; (4) reducing strain on
limited U.S. resources; and (5) addressing root causes of migration
through economic stability and development supported by increased
remittances.
A. Promoting Family Unity
Consistent with Section 3(b)(ii) of E.O. 14010, the case-by-case
parole of noncitizens under this FRP process will provide the
significant public benefit of promoting family unity by providing a
more expeditious pathway for USCs and LPRs to reunite with their family
members from Guatemala in the United States. Currently, nationals of
Guatemala with approved family-based petitions often wait many years
before their immigrant visas can be issued and they can travel to the
United States to apply for admission as immigrants.\26\
[[Page 43584]]
While waiting for an immigrant visa to be issued, security concerns and
uncertainty in their home countries, combined with a desire to reunify
with family in the United States, could cause many to undertake
irregular migratory routes in the absence of an alternative path to
come to the United States in the near term for family reunification.
---------------------------------------------------------------------------
\26\ For example, under the May 2023 Department of State Visa
Bulletin, a Guatemalan married child of a U.S. citizen--F3
Preference Relative category--will only have an immigrant visa
available to them if their relative filed the Form I-130 on their
behalf more than 14 years ago. See DOS, Visa Bulletin for May 2023,
Number 77, Volume X (May 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html. However, these dates are not predictive. Due to increases
in Form I-130 volumes, it is likely that a Guatemalan married child
of a U.S. citizen for whom a Form I-130 is filed today will have
even longer to wait before an immigrant visa becomes available.
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By facilitating quicker reunification of USCs and LPRs with their
family members in the United States, this FRP process will improve the
social and economic stability and well-being of these families, as well
as their communities at large. Additionally, facilitating reunification
in the short-term through a lawful, safe, and orderly pathway will
provide the significant public benefit of promoting the reception and
integration of arriving noncitizens into American society. New arrivals
will be introduced sooner to the networks already built by family
members living in the United States, providing them an opportunity to
familiarize themselves with the United States, establish stable
financial foundations, find housing and transportation, and enroll in
school and find childcare for their children as they wait for their
immigrant visas to become available.
B. Furthering Important Foreign Policy Objectives
The United States has been engaging with international partners to
manage irregular migration through various lines of effort, including
bringing together leaders from nations across the Western Hemisphere to
endorse the L.A. Declaration,\27\ joining Colombia and Panama to ramp
up efforts to address irregular flows through the Dari[eacute]n,\28\
working to establish SMOs in key locations in the Western
Hemisphere,\29\ joining Mexico to announce and develop a humanitarian
plan on migration,\30\ and issuing a trilateral statement with Canada
and Spain to announce our intent to partner together to deepen
engagement in Latin America.\31\ A central theme of all these efforts
is, as further articulated below, expanding and strengthening access to
lawful pathways for migration. Many countries have cooperated
extensively to: (1) create and expand access to lawful pathways in
their respective countries; and (2) increase enforcement measures along
the migratory routes and introduce policies that seek to reduce
irregular migration from or through their countries. In turn, regional
partner countries have consistently requested that the United States
expand and strengthen access to lawful pathways, even following
implementation of the parole processes for nationals of Cuba, Haiti,
Nicaragua, and Venezuela (CHNV). Implementation of this parole process
is one way of responding to such requests. Therefore, the parole of
noncitizens, on a case-by-case basis, under this process will secure
cooperation and strengthen bilateral relations with regional partners
in furtherance of U.S. national interests.
---------------------------------------------------------------------------
\27\ See The White House, Los Angeles Declaration on Migration
and Protection, June 10, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
\28\ Trilateral Joint Statement, April 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
\29\ See The White House, Joint Statement from the United States
and Guatemala on Migration (June 1, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/;
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/.
\30\ See The White House, Mexico and United States Strengthen
Joint Humanitarian Plan on Migration, May 2, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/.
\31\ See DHS, Trilateral statement on joint commitment to Latin
America, May 3, 2023, https://www.dhs.gov/news/2023/05/03/trilateral-statement-joint-commitment-latin-america.
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This process is not only responsive to the requests and interests
of key foreign partners--and necessary for addressing migration
challenges requiring coordination between two or more governments--it
is also fully aligned with larger and important foreign policy
objectives of this Administration and fits within a network of
carefully negotiated actions by multiple governments, as reflected in
the L.A. Declaration and the aforementioned actions.\32\ The L.A.
Declaration acknowledges the endorsees' shared responsibility on
migration and commitment to strengthen national, regional, and
hemispheric efforts to create the conditions for safe, orderly, humane,
and regular migration.\33\ All 21 countries that endorsed the
declaration reaffirmed their shared commitment to strengthening and
expanding regular pathways and promoting principles of safe, orderly,
humane, and regular migration.\34\ As such, it is the view of the
United States that this process advances the Administration's foreign
policy goals by demonstrating U.S. partnership and U.S. commitment to
the shared goals of addressing migration through the hemisphere, both
of which are essential to maintaining strong relationships with key
partners to manage migration collaboratively.
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\32\ The White House, Los Angeles Declaration on Migration and
Protection (June 10, 2022), https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/.
\33\ Id.
\34\ Id.
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The USG further intensified its international engagement in recent
months and weeks as the date on which the CDC Title 42 public health
Order \35\ would terminate neared and DHS anticipated a significant
potential further increase in irregular migration.\36\ For instance,
consistent with the goals of the L.A. Declaration and in anticipation
of the end of the Title 42 public health Order, on April 11, 2023, and
at the request of the United States, the United States, jointly with
the Governments of Panama and Colombia, committed to three goals--a
counter-human smuggling effort in both the land and maritime domain; an
expansion of lawful pathways as an alternative to irregular migration;
and increased economic investment in impacted border communities--as
part of a coordinated 60-day campaign and sustained cooperation beyond
the initial two-month campaign to reduce irregular migration.\37\
Implementing this process
[[Page 43585]]
fulfills one of the commitments the United States made with its
regional partners to seek to, among all three governments, ``[o]pen new
lawful and flexible pathways for tens of thousands of migrants and
refugees as an alternative to irregular migration.'' \38\
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\35\ See Public Health Determination and Order Regarding
Suspending the Right to Introduce Certain Persons from Countries
Where a Quarantinable Communicable Disease Exists, 87 FR 19941,
19941-42 (Apr. 6, 2022) (describing the CDC's recent Title 42 public
health Orders, which ``suspend[ ] the right to introduce certain
persons into the United States from countries or places where the
quarantinable communicable disease exists in order to protect the
public health from an increased risk of the introduction of COVID-
19'').
\36\ See 88 FR 11704, 11704-08 (Feb. 23, 2023) (describing
``concern about the possibility of a surge in irregular migration
upon, or in anticipation of, the eventual lifting of the Title 42
public health Order''''); CNN, Southern border braces for a migrant
surge with Title 42 set to expire this week, May 8, 2023, https://www.cnn.com/2023/05/08/us/title-42-expires-border-immigration/.
\37\ Trilateral Joint Statement, April 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
\38\ See id.
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The USG also continues to encourage regional governments to
continue to expand lawful pathways that they make available for
migrants, including providing status to migrants residing in their
countries, as well as establish removal programs. Colombia, for
example, has given 10-year temporary protected status to approximately
2.5 million Venezuelans, allowing them to work, study, and access
public services.\39\ Ecuador, Costa Rica, Belize, and Peru are also
undertaking similar efforts to regularize migrants from Venezuela and
Nicaragua.\40\ Partner countries have also taken actions to forgive
existing migrant overstay fines, effectively removing one of the
largest barriers to regularization.\41\ Brazil's ``Operation Welcome''
helped over 100,000 Venezuelans voluntarily resettle in places where
they have greater economic opportunity.\42\ Mexico and Canada are
increasing the number of people that they welcome on a humanitarian
basis.\43\ The implementation of this parole process will demonstrate
to these regional governments the commitment of the United States
government to continue to expand lawful, safe, and orderly pathways as
an alternative to irregular migration.
---------------------------------------------------------------------------
\39\ See Secretary Antony J. Blinken and Secretary of Homeland
Security Alejandro Mayorkas at a Joint Press Availability--United
States Department of State, Apr. 27, 2023, https://www.state.gov/secretary-antony-j-blinken-and-secretary-of-homeland-security-alejandro-mayorkas-at-a-joint-press-availability/.
\40\ See id.
\41\ See id.
\42\ See id.
\43\ See id.
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C. Lawful Alternative to Irregular Migration
In addition to existing lawful pathways, implementation of this FRP
process will provide another lawful, safe, and orderly alternative to
irregular migration in the near term. In the past several years, out-
migration from the countries of Northern Central America (NCA),
including El Salvador, Guatemala, and Honduras, has accounted for a
significant proportion of individuals seeking to irregularly migrate to
the United States. In Fiscal Year (FY) 2021, CBP encounters with
Guatemalans at the SWB increased by about 112 percent as compared to
FY18, and 4.8 percent as compared to FY19, with encounters totaling
approximately 283,000 in FY21 as compared to 133,200 and 270,100 in
FY18 and FY19, respectively.\44\ Encounters with Guatemalans dropped in
FY22, but still remained high with 231,500 encounters.\45\ For FY21
through April 2023 of FY23, migrants from the NCA accounted for more
than 27 percent of all encounters at the SWB, with Guatemalans
accounting for approximately 11.3 percent of all encounters.\46\
Economic insecurity and high levels of poverty, food insecurity, and
sexual and gender-based violence, coupled with the desire to reunite
with family members already in the United States, are driving migrants
from NCA countries, including Guatemala, to the United States.\47\
---------------------------------------------------------------------------
\44\ Data as of May 4, 2023. OIS analysis of CBP data.
\45\ Id.
\46\ Id.
\47\ See Migration Policy Institute, Charting a New Regional
Course of Action: The Complex Motivations and Costs of Central
American Migration (Nov. 2021) https://www.migrationpolicy.org/research/motivations-costs-central-american-migration; see also NSC,
U.S. Strategy for Addressing the Root Causes of Migration in Central
America (July 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf.
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Some beneficiaries of approved family-based immigrant visa
petitions may have to wait many years for an immigrant visa to become
available.\48\ While beneficiaries will still need to wait to apply to
become an LPR, this FRP process will allow certain noncitizens to spend
part of that waiting time with family in the United States. The process
will create a lawful, safe, and orderly pathway to travel to the United
States for certain nationals of Guatemala and their immediate family
members, who have already followed established channels to begin
seeking lawful status in the United States, whose immigrant visa
petitions have been approved, and who are waiting for an immigrant visa
to become available. The availability of this FRP process could
discourage beneficiaries whose immigrant visas are not expected to
become available soon from engaging in irregular migration by providing
a hope and expectation that they will soon have access to a reasonably
foreseeable, safe, and orderly alternative to irregular migration for
which they may choose to wait.
---------------------------------------------------------------------------
\48\ See William Kandel, Congressional Research Service, U.S.
Family-Based Immigration Policy (Feb. 9, 2018), https://crsreports.congress.gov/product/pdf/R/R43145; DOS, Visa Bulletin for
May 2023, Number 77, Volume X (May 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html.
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D. Reducing Strain on Limited U.S. Resources
Substantial irregular migration, including from Guatemala, has
strained DHS's reception and processing capacity at the SWB.\49\ By
establishing a lawful pathway for some of these migrants from
Guatemala, on a case-by-case basis, to enter the country before an
immigrant visa becomes immediately available to them, this FRP process
is expected to reduce the number of irregular migrants encountered at
the SWB,\50\ thereby providing a significant public benefit by reducing
the strain on border reception and processing capacity, including by
diverting the processing of individuals to interior POEs.
---------------------------------------------------------------------------
\49\ See Migration Policy Institute, Record-Breaking Migrant
Encounters at the U.S.-Mexico Border Overlook the Bigger Story,
(Oct. 2022) https://www.migrationpolicy.org/news/2022-record-migrant-encounters-us-mexico-border.
\50\ As of late May 2023, there are currently an estimated
12,800 Guatemalan nationals with an approved Form I-130 waiting to
travel to the United States. Individuals in this population may need
to wait over 15 years for an immigrant visa to become available.
Although DHS does not expect to issue invitations corresponding to
all such Guatemalan nationals, this process may result in a
significant reduction in wait times outside the United States for a
substantial portion of this population, reducing incentives for
irregular migration.
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Paroling individuals through this process will be less resource-
intensive than processing individuals who irregularly migrate.
Noncitizens who arrive through this FRP process will generally not
require placement in DHS custody or removal proceedings, allowing more
space and resources to be used for managing irregular migration.\51\
---------------------------------------------------------------------------
\51\ See, e.g., INA secs. 235, 240, 8 U.S.C. 1225, 1229a.
---------------------------------------------------------------------------
Furthermore, by establishing a meaningful, near-term lawful pathway
that certain individuals, if found to be eligible on a case-by-case
basis, may choose to use in lieu of attempting to enter the United
States irregularly, the process will redirect such intending migrants
away from irregular migratory routes that funnel money into TCOs. TCOs
engaged in human smuggling along the route from the NCA region to the
United States earn hundreds of millions to billions of dollars each
year from smuggling activities associated with irregular migration.\52\
TCOs exploit
[[Page 43586]]
irregular migration for financial gain, either by charging migrants to
cross the border, forcing migrants to carry contraband as they cross,
or forcing and coercing migrants into a sex or labor trafficking
situation.\53\ This money can then be used to fund additional human
smuggling, drug trafficking, and human trafficking, to buy weapons, or
to engage in other illicit activities in the region, all of which are
competing priorities for limited U.S. border resources to confront and
manage.\54\ This FRP process is expected to reduce the number of
irregular migrants who may be exploited by TCOs engaged in human
smuggling, serving a significant public benefit.
---------------------------------------------------------------------------
\52\ Homeland Security Operational Analysis Center, Human
Smuggling and Associated Revenues: What Do or Can We Know About
Routes from Central America to the United States (2019) https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2852/RAND_RR2852.pdf; see also DHS, Fact Sheet: Counter Human Smuggler
Campaign Update (Oct. 6, 2022) https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th.
\53\ DHS's Efforts to Disrupt Transnational Criminal
Organizations in Central America: Hearing before the Subcommittee on
Oversight, Management, and Accountability of the Committee of
Homeland Security of the House of Representatives, 117th Cong.
(2021).
\54\ Id.
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E. Addressing Root Causes of Migration Through Remittances
This FRP process will also aid U.S. efforts in addressing economic
insecurity in Guatemala, which is a key factor that drives out-
migration.\55\ Unlike many individuals who irregularly migrate,
noncitizens who are paroled into the United States through this process
will be immediately eligible to apply for employment authorization that
they may maintain throughout the duration of their parole period,
allowing them to contribute to the U.S. economy through the labor they
provide, taxes they pay, and consumption of goods or payment of rent
and utilities in their new U.S. communities.\56\ Noncitizens with
authorization to work also typically enjoy higher wages than those
without employment authorization, providing them with the resources to
send additional money to their home country as remittances.\57\
---------------------------------------------------------------------------
\55\ U.S. Department of State, Integrated Country Strategies--
Guatemala, Apr. 29, 2022, https://www.state.gov/wp-content/uploads/2022/08/ICS_WHA_Guatemala_Public.pdf.
\56\ See generally, e.g., National Academies of Sciences,
Engineering, and Medicine, ``The Economic and Fiscal Consequences of
Immigration'' (2017), https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration; Chair
Cecilia Rouse, Lisa Barrow, Kevin Rinz, and Evan Soltas, The White
House Blog: The Economic Benefits of Extending Permanent Legal
Status to Unauthorized Immigrants (Sept. 17, 2021), https://www.whitehouse.gov/cea/blog/2021/09/17/the-economic-benefits-of-extending-permanent-legal-status-to-unauthorized-immigrants/.
\57\ George J. Borjas, ``The Earnings of Undocumented
Immigrants,'' National Bureau of Economic Research (Mar. 2017),
https://www.nber.org/papers/w23236 (providing that noncitizens
without authorization to work earn less than those with employment
authorization).
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Additional remittances sent back to Guatemala, together with other
efforts to improve the investment climate and infrastructure in the
country and address security concerns may promote economic development
and address some of the root causes of migration.\58\ Remittances from
migrants from NCA countries including Guatemala already play a crucial
role in their economies.\59\ In 2018, remittances from migrants living
abroad were equivalent to 12 percent of Gross Domestic Product (GDP) in
Guatemala.\60\ Remittances remained stable in 2019, at 13.8
percent.\61\ Following the onset of the COVID-19 pandemic in 2020,
remittances to the NCA countries increased dramatically as a percentage
of GDP in 2021. In Guatemala specifically, remittances were equivalent
to 18 percent of the country's 2021 GDP.\62\ For the first eight months
of 2022, remittances to El Salvador, Guatemala, and Honduras increased
16.5 percent.\63\ Remittances provide a crucial financial lifeline that
enhances economic development and promotes economic stability for many
individuals, families, and communities in Guatemala, impacting
individual decisions on whether to leave the region. In the absence of
timely alternative options for lawful pathways, such as parole under
this process, and the additional remittances that are anticipated to
result from implementation of this process, individuals are more likely
to turn to irregular migration in the short-term.
---------------------------------------------------------------------------
\58\ Pew Research Center, Remittances from Abroad are major
economic assets for some developing countries (Jan. 29, 2018)
https://www.pewresearch.org/fact-tank/2018/01/29/remittances-from-abroad-are-major-economic-assets-for-some-developing-countries/; see
also NSC, U.S. Strategy for Addressing the Root Causes of Migration
in Central America (July 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf; see also Atlas of
Sustainable Development Goals, Remittances: a lifeline for many
economies, The World Bank (2020) https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/.
\59\ See Atlas of Sustainable Development Goals, Remittances: a
lifeline for many economies, The World Bank (2020) https://datatopics.worldbank.org/sdgatlas/goal-17-partnerships-for-the-goals/; see also Council on Foreign Relations, Central America's
Turbulent Northern Triangle (July 1, 2021) https://www.cfr.org/backgrounder/central-americas-turbulent-northern-triangle.
\60\ Congressional Research Service, U.S. Strategy for
Engagement in Central America: Policy Issues for Congress (Nov. 12,
2019) https://fas.org/sgp/crs/row/R44812.pdf.
\61\ The World Bank, Personal Remittances, received (% of GDP)--
Guatemala (last visited June 9, 2023) https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?locations=GT.
\62\ Bloomberg L[iacute]nea, Remittances to Central America on
Track to Break Records (Nov. 1, 2022) https://www.bloomberglinea.com/english/remittances-to-central-america-on-track-to-breaking-records/.
\63\ Id.
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V. Eligibility
A. Petitioners
Invitations to participate in this process will be issued to
certain petitioners who have an approved Form I-130 filed on behalf of
a Guatemalan principal beneficiary. Invitations will be issued based on
operational capacity, the expected period of time until the principal
beneficiary's immigrant visa becomes available, and in a manner
calibrated to best achieve the policy aims of this process as described
in this Notice. Petitioners who have an approved \64\ Form I-130 filed
on behalf of a Guatemalan principal beneficiary outside the United
States should ensure that their mailing address and other contact
information are up to date with State's National Visa Center (NVC), as
this is the information that will be used to issue invitations. The
invitations will provide information about how the petitioner may file
a request with USCIS that initiates this FRP process on behalf of a
Guatemalan principal beneficiary of an approved Form I-130, and a
separate request for any immediate family members of the principal
beneficiary. As part of the request process, the petitioner will be
required to provide evidence of their income and assets and commit to
provide financial support to the beneficiary named in the request for
the length of parole by submitting Form I-134A online. Petitioners will
also be required to provide evidence to verify the family 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 under this process. As part of the review
process, the petitioner must pass security and background vetting,
including for public safety, national security, human trafficking, and
exploitation concerns.
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\64\ In certain circumstances, such as if the beneficiary is no
longer eligible for the Form I-130 (e.g., the petitioner is no
longer an LPR or USC), parole would be denied, and the Form I-130
approval would be revoked. If DHS revokes Form I-130 approval, the
beneficiary will no longer be eligible for an immigrant visa. DHS
will make these determinations on a case-by-case basis and will
provide a written notice.
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B. Beneficiaries
A beneficiary is a national of Guatemala (or their immediate family
member of any nationality) who is outside the United States and who may
[[Page 43587]]
be considered for a discretionary grant of parole under this FRP
process. To ultimately be considered for a discretionary issuance of
advance authorization to travel to the United States to seek a
discretionary grant of parole at the POE, a beneficiary must:
be outside the United States;
be the principal beneficiary (or a derivative beneficiary
spouse or child) \65\ of an approved Form I-130, Petition for Alien
Relative;
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\65\ See INA sec. 203(d), 8 U.S.C. 1153(d); see also INA sec.
101(b)(1), 8 U.S.C. 1101(b)(1) (defining ``child,'' in general, as
meaning ``an unmarried person under twenty-one years of age''). If a
principal beneficiary married or had a child after USCIS approved
the underlying Form I-130, that spouse or unmarried child under 21
may in some circumstances become a derivative beneficiary and may be
eligible for parole based on their relationship to the principal
beneficiary. Such ``add-on derivatives'' are included within the
term ``derivative'' in this notice.
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be a national of Guatemala or be a non-Guatemalan
derivative beneficiary spouse or child \66\ of a Guatemalan principal
beneficiary;
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\66\ Certain non-Guatemalans may use this process if they are a
derivative beneficiary of a Guatemalan principal beneficiary and
traveling with that Guatemalan beneficiary.
---------------------------------------------------------------------------
have a petitioning relative in the United States who
received an invitation to initiate this FRP process on their behalf by
filing a Form I-134A;
have a U.S.-based petitioning relative who filed a Form I-
134A on their behalf that USCIS has vetted and confirmed;
have not yet been issued an immigrant visa at the time the
invitation is issued to the petitioning relative; and
have an unexpired passport valid for international travel,
or possess alternative acceptable documentation as described in the
invitation letter issued to the petitioning relative.
In addition, each beneficiary must undergo and pass national
security and public safety vetting and must demonstrate that they
otherwise merit a favorable exercise of discretion by DHS. This
includes vetting prior to issuance of advance authorization to travel
to an interior POE to seek parole, as well as additional vetting
completed by CBP upon inspection and collection of biometrics at the
POE, as described in the section of this Notice that details the
processing steps for this FRP process. CBP will consider a
beneficiary's previous immigration history, encounters with USG
entities, and the results of screening and vetting when determining
eligibility to be issued advance authorization to travel to the United
States, as well as when determining, on a case-by-case basis, whether
to grant parole to the beneficiary at the POE. When making these
discretionary advance authorizations to travel and parole
determinations, DHS will consider a beneficiary to be ineligible for
this process if the beneficiary:
has crossed irregularly into the United States, between
the POEs, after July 10, 2023, except DHS will not consider a
beneficiary to be ineligible based on a single instance of voluntary
departure pursuant to section 240B of the INA, 8 U.S.C. 1229c, or
withdrawal of their application for admission pursuant to section
235(a)(4) of the INA, 8 U.S.C. 1225(a)(4);
has been interdicted at sea \67\ after July 10, 2023; or
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\67\ For purposes of this notice, ``interdicted at sea'' refers
to migrants directly interdicted by the U.S. Coast Guard from
vessels subject to U.S. jurisdiction or vessels without nationality,
or migrants transferred to the U.S. Coast Guard.
---------------------------------------------------------------------------
has been ordered removed from the United States within the
prior five years or is subject to a bar to admissibility based on a
prior removal order.\68\
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\68\ See, e.g., INA sec. 212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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DHS also will consider other factors in making discretionary
determinations consistent with long-standing policy and practice.
Each beneficiary must demonstrate that a grant of parole is
warranted based on a significant public benefit or urgent humanitarian
reasons, and that the beneficiary merits a favorable exercise of
discretion in order for CBP to grant parole upon arrival at the POE.
Each beneficiary must also comply with all additional requirements,
including vaccination requirements and other public health guidelines.
Participation in this process is not limited to those beneficiaries
currently living in Guatemala. However, as noted above, beneficiaries
must be outside the United States to participate in the process. In
order to use the advance authorization to travel to the United States,
the beneficiary must have sufficient documentation (e.g., international
passport) to travel on a commercial airline. Beneficiaries under the
age of 18 to whom CBP issues advance authorization to travel under this
process may be subject to additional screening and/or travel parameters
in coordination with U.S. authorities to ensure appropriate travel
arrangements and coordination with their parent(s) or legal
guardian(s). This FRP process does not affect CBP's legal obligations
regarding the identification and processing of unaccompanied
children.\69\
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\69\ See 6 U.S.C. 279(g)(2) (defining ``unaccompanied alien
child'').
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A potential beneficiary of this process who enters the United
States between POEs after July 10, 2023 rather than being considered
for parole under this process will be ineligible for this process,
except as indicated above, and will be processed under Title 8 of the
U.S. Code and face appropriate consequences for that choice. For
example, they may be subject to potential criminal prosecution,\70\
expedited removal proceedings,\71\ or removal proceedings under section
240 of the INA, 8 U.S.C. 1229a. In addition, potential beneficiaries
who enter the United States between POEs rather than be considered for
parole under this process may be or may become ineligible for
adjustment of status \72\ or for an immigrant visa \73\ as a result of
entering without inspection and not having been admitted or
paroled.\74\
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\70\ 8 U.S.C. 1325, 1326 (for illegal entry and reentry,
respectively).
\71\ INA sec. 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i).
\72\ INA sec. 245(a), 8 U.S.C. 1255(a) (requiring adjustment of
status applicants to be inspected and admitted or inspected and
paroled, as well as be admissible); INA sec. 245(c), 8 U.S.C.
1255(c)(2) (adjustment of status applicants are ineligible if they
are in unlawful immigration status on the date of filing the
application for adjustment of status or fail to maintain
continuously a lawful status since entry into the United States);
INA sec. 212(a), 8 U.S.C. 1182(a) (grounds of inadmissibility that,
absent the granting of an available waiver, render applicants for
adjustment of status ineligible).
\73\ INA sec. 221(g), 8 U.S.C. 1201(g) (immigrant visa
applicants are ineligible for immigrant visas if inadmissible under
INA sec. 212(a), 8 U.S.C. 1182(a)); INA sec. 212(a), 8 U.S.C.
1182(a) grounds of inadmissibility that render applicants for
immigrant visas ineligible).
\74\ For example, an applicant for adjustment of status who
previously accrued more than one year of unlawful presence,
departed, and thereafter reentered the United States without
admission or parole is inadmissible and ineligible for adjustment
unless they apply for and obtain consent to reapply for admission
from outside the United States after waiting ten years after their
last departure from the United States. See INA sec.
212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I). In addition, an
applicant for an immigrant visa who accrued more than 180 days of
unlawful presence in the United States, departed (or is removed, as
applicable), and again seeks admission (by filing an immigrant visa
application) within 3 or 10 years of departure (or removal) is
inadmissible and ineligible for an immigrant visa unless they apply
for and obtain a waiver of inadmissibility. See INA sec.
212(a)(9)(B), 8 U.S.C. 1182(a)(9)(B). Additionally, an applicant for
an immigrant visa who was ordered removed, departed, and again seeks
admission within certain periods of time thereafter is inadmissible
and therefore ineligible for an immigrant visa unless they apply for
and obtain consent to reapply for admission. See INA sec.
212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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C. Processing Steps
This FRP process will be implemented in light of lessons learned
through the CFRP and HFRP processes and will build on technological
advancements and efficiencies developed since the inception of CFRP and
HFRP. All steps of the process,
[[Page 43588]]
except for the ultimate parole determination made in-person, on a case-
by-case basis, by CBP at the POE, will generally be completed online,
including individualized, case-by-case identity and eligibility
determinations and robust security vetting.
Step 1: Invitation Sent to Petitioner
An invitation may be sent to a petitioner who has filed an approved
Form I-130 on behalf of the potential principal and derivative
beneficiaries. The decision whether to send the invitation is based on
multiple discretionary factors. Such factors may include operational
capacity considerations, the expected period of time until the
beneficiary's immigrant visa becomes available, as well as other
measures calibrated to best achieve the policy aims of this process as
described in this Notice. Only after receiving an invitation may the
petitioner file a request and initiate consideration under this FRP
process. The invitation will instruct the petitioner on next steps to
initiate this process on behalf of the beneficiaries, including
instructions on documentation to include in their Form I-134A. Each
invitation will include an identifying number that the petitioner must
include in the Form I-134A for each beneficiary on whose behalf they
wish to request to be a supporter and to initiate consideration for
advance authorization to travel to the United States to seek parole at
an interior POE.
Step 2: Petitioner Files Form I-134A Online
After receiving an invitation, the USC 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 online myUSCIS
web portal to initiate this process. The Form I-134A identifies and
collects information on both the petitioner and the beneficiary. The
petitioner must submit a separate Form I-134A for each beneficiary,
including derivatives of the principal beneficiary. The petitioner must
submit evidence establishing their income and assets and commit to
provide financial support to the beneficiary for the duration of
parole. The petitioner must also submit evidence establishing the
family relationships between the principal beneficiary and all
derivative beneficiaries. USCIS will perform background checks on the
petitioner and verify their financial information to ensure that the
petitioner is able to financially support the beneficiary. If the
petitioner's Form I-134A is confirmed, 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 an online account with myUSCIS 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 myUSCIS 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 myUSCIS and completing
required eligibility attestations, the beneficiary will receive
instructions through myUSCIS for accessing the CBP One mobile
application. The beneficiary must enter certain biographic and
biometric information--including a ``live'' facial photograph--into CBP
One.
Step 5: Approval To Travel to the United States
A beneficiary who establishes eligibility for this process, passes
all the requisite vetting, and demonstrates that they otherwise warrant
a favorable exercise of discretion, may receive an electronic advance
authorization to travel from CBP, facilitating their ability to travel
to the United States to seek a discretionary grant of parole, on a
case-by-case basis, at an interior POE. The beneficiary will receive a
notice in their myUSCIS account confirming whether CBP has, in CBP's
discretion, provided the beneficiary with advance authorization to
travel to the United States. If approved, the beneficiary is
responsible for securing their own travel via commercial air to an
interior POE.\75\ Approval of advance authorization to travel does not
guarantee a beneficiary will be paroled into the United States upon
inspection at the POE. Whether to parole the individual is a
discretionary, case-by-case determination made by CBP at the time the
individual arrives at the interior POE.
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\75\ Air carriers can validate an approved and valid travel
authorization submission using the same mechanisms that are
currently in place to validate that a traveler has a valid visa or
other documentation to facilitate issuance of a boarding pass for
air travel.
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Step 6: Beneficiary Seeks Parole at the POE
CBP will inspect each beneficiary arriving at an interior POE under
this process and consider each individual, on a case-by-case basis, for
a grant of discretionary parole for a period of up to three years.
Upon arrival at the interior POE, the beneficiary will be required
to submit additional biometrics to DHS, including another photograph
and fingerprints. This biometric information will support additional
vetting against available databases to inform an independent
determination by CBP officers as to whether parole is warranted on a
case-by-case basis and whether the beneficiary merits a favorable
exercise of discretion. A beneficiary who is determined to pose a
national security or public safety threat will generally be denied
parole. A beneficiary who otherwise does not warrant parole pursuant to
section 212(d)(5)(A) of the INA, 8 U.S.C. 1182(d)(5)(A), and as a
matter of discretion upon inspection, will be processed under an
appropriate 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.\76\
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\76\ 8 CFR 274a.12(c)(11).
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All of the steps in this process, including the decision to confirm
or non-confirm the Form I-134A, as well as the decision whether to
issue advance authorization to travel and the parole decision at the
interior POE, are entirely discretionary and not subject to appeal on
any grounds. Parole may be terminated upon notice at DHS discretion,
and the noncitizen may be placed into removal proceedings and/or
detained if, for example, the parolee fails to maintain the conditions
for the parole or other derogatory information emerges during the
parole period.
D. Termination and No Private Rights
The Secretary retains the sole discretion to terminate this FRP
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,
[[Page 43589]]
substantive or procedural, enforceable by any party in any matter,
civil or criminal.
VI. Other Considerations in the Establishment of This FRP Process
DHS has considered the potential impact of this FRP process on
individuals applying for benefits under other immigration programs or
processes, given that USCIS and CBP may reassign employees and
reallocate resources to administer this process. This reassignment or
reallocation could potentially impact processing times for USCIS- or
CBP-administered immigration programs and processes. Although personnel
and resources may be diverted from other similar processes and
programs, participation in this process is by invitation only. DHS can
adjust the number of invitations issued to alleviate pressure on other
programs and processes as resource limitations require. As detailed
above, each beneficiary of this process who is diverted away from
irregular migration will also reduce the strain on border reception and
processing capacity. Therefore, these costs are not significant enough
to outweigh the benefits of the process.
DHS also considered the alternative approach of not establishing
this process. As stated throughout this Notice, this process will
provide many benefits and has few drawbacks. DHS has made an effort to
identify and consider any reliance interests of the parties affected by
establishment of this process. Ultimately, DHS has determined that the
significant public benefit of the case-by-case parole of individuals
under this FRP process to the United States, and other affected
parties, including the reduction in irregular migration expected to be
accomplished in connection with this process, outweigh the costs that
may be incurred, while noting that this FRP process will not increase
the total number of individuals eligible to enter the United States, as
the potential beneficiaries already have a pathway to lawful permanent
residence. For example, DHS has determined that the significant public
benefits of the case-by-case parole of individuals under this process
outweighs any costs incurred for schools and social services (such as
health care) in the period between their parole into the United States
and the time when a beneficiary's immigrant visa already would have
become available (at which point they soon thereafter would, in
general, have been admitted as immigrants).\77\
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\77\ See, e.g., National Academies of Sciences, Engineering, and
Medicine, ``The Economic and Fiscal Consequences of Immigration''
(2017), https://nap.nationalacademies.org/catalog/23550/the-economic-and-fiscal-consequences-of-immigration.
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Alternatively, as discussed below, a decision to not establish this
process would adversely affect the United States' ability to negotiate
for and request additional enforcement measures and increased
cooperation with removals and ensure foreign partners' continued
collaboration. In addition, certain nationals of Guatemala still
waiting for their immigrant visas to become available would remain
separated from their family members and could resort to irregular
migration without this process. For any such Guatemalan nationals, the
USG would need to commit resources to respond to their arrival,
processing, and removal pursuant to the INA. Those who manage to cross
the border without being encountered by CBP would join the population
of individuals living in the United States without authorization,
unable to legally seek employment. The states in which they settle
would be less likely to benefit from additional tax revenues and other
positive economic contributions these individuals would have provided
if they had a lawful pathway like this FRP process through which they
may apply for employment authorization while they wait to apply to
adjust to LPR status.
VII. Regulatory Requirements
A. Administrative Procedure Act (APA)
This process is exempt from notice-and-comment rulemaking and
delayed effective date requirements on multiple grounds and is
therefore amenable to immediate issuance and implementation.
First, DHS is merely adopting a general statement of policy,\78\
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.'' \79\ As section 212(d)(5)(A) of the INA, 8
U.S.C. 1182(d)(5)(A), provides, parole decisions are made by the
Secretary ``in his discretion.'' This policy creates a process for
making discretionary, case-by-case parole decisions.
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\78\ 5 U.S.C. 553(b)(A).
\79\ See Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting
Chrysler Corp. v. Brown, 441 U.S. 281,302 n.31 (1979)).
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Second, even if this process were considered to be a legislative
rule that would normally be subject to requirements for notice-and-
comment rulemaking and a delayed effective date, the process would be
exempt from such requirements because it involves a foreign affairs
function of the United States.\80\ Courts have held that this exemption
applies when the rule in question ``is clearly and directly involved in
a foreign affairs function.'' \81\ In addition, although the text of
the Administrative Procedure Act does not require an agency invoking
this exemption to show that such procedures may result in ``definitely
undesirable international consequences,'' some courts have required
such a showing.\82\ This process satisfies both standards.
Specifically, as discussed in the section above entitled, Furthering
Important Foreign Policy Objectives, this FRP process is one part of
the United States' ongoing efforts to engage hemispheric partners to
increase their efforts to collaboratively manage irregular migration.
As discussed in that section, and as further explained below, the
expansion of lawful pathways for noncitizens to enter the United States
is necessary to ensure partners' continued collaboration on migration
issues, including the ability of the United States to meet other
immigration-management priorities such as the timely establishment of
SMOs.\83\
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\80\ 5 U.S.C. 553(a)(1).
\81\ See, e.g., Mast Indus. v. Regan, 596 F. Supp. 1567, 1582
(C.I.T. 1984) (cleaned up).
\82\ See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 (2d Cir.
2008).
\83\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration, Apr. 27, 2023, https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration.
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Delaying issuance and implementation of this process to undertake
notice-and-comment rulemaking and a delayed effective date would
complicate broader ongoing and future discussions and negotiations with
key foreign partners about migration management, including the new
measures the United States announced on April 27, 2023, in anticipation
of the May 11 lifting of the Title 42 public health Order.\84\ These
measures are being implemented in close coordination with partner
countries. Ongoing negotiations with partner countries involve the
implementation of a range of new measures, including establishing SMOs
in key locations in the Western Hemisphere to manage and reduce
irregular migration and improve qualified individuals' access to
[[Page 43590]]
accelerated refugee processing, family reunification, and labor
pathways in the United States. As a key part of these negotiations, the
United States and its partners are providing meaningful alternatives to
irregular migration, including through lawful pathways to the United
States, Canada, and Spain, as well as integration in host countries
closer to home. The success of SMOs and other new measures to reduce
irregular migration to the SWB is therefore connected to the United
States expanding access to lawful pathways, including family
reunification parole processes that will benefit nationals in countries
identified to host SMOs. The USG also continues to engage with and ask
additional governments to consider connecting their lawful pathways to
SMO efforts and is building goodwill and momentum to seek SMOs in still
more countries in the region.
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\84\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New
Actions to Manage Regional Migration, Apr. 27, 2023, https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration.
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On May 2, 2023, the United States and Mexico jointly announced a
number of measures to address the humanitarian situation caused by
unprecedented migration flows in the hemisphere by creating incentives
for migrants to use lawful pathways, while announcing that consequences
for unlawful entry would continue once the Title 42 public health Order
was lifted. The announcements emphasized the importance of
strengthening and expanding access to lawful pathways, including in
Central America, which will continue to remain a central topic of
bilateral relations.\85\ Specifically, the United States stated its
intention to welcome as many as 100,000 individuals from El Salvador,
Guatemala, and Honduras under the family reunification parole
processes, while the Government of Mexico recognized the value in SMOs
and is considering how it can contribute to their success. Mexico
concurrently committed to continue to accept the return of certain CHNV
nationals on humanitarian grounds beyond the lifting of the Title 42
public health Order on May 11, 2023.
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\85\ See Mexico and United States Strengthen Joint Humanitarian
Plan on Migration, May 2, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/02/mexico-and-united-states-strengthen-joint-humanitarian-plan-on-migration/.
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Additionally, after a series of negotiations, on June 1, 2023, the
United States and Guatemala issued a joint statement to commit to take
a series of critical steps to humanely reduce irregular migration and
expand lawful pathways under the LA. Declaration.\86\ As the first step
of a comprehensive program to manage irregular migration, both
countries intend to implement a six-month pilot phase of SMOs, which
facilitate access to lawful pathways to the United States and other
countries, family reunification, and access to temporary work
visas.\87\ These offices began accepting appointments on the website
movilidadsegura.org on June 12, 2023.\88\ In the same announcement, the
United States and Guatemala stated that they will also deepen
cooperation on border security and will continue to address the root
causes of irregular migration.\89\
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\86\ See The White House, Joint Statement from the United States
and Guatemala on Migration (June 1, 2023), https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/01/joint-statement-from-the-united-states-and-guatemala-on-migration/.
\87\ Id
\88\ Id.
\89\ Id.
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In addition, on June 4, 2023, the United States and Colombia
announced the impending establishment of SMOs that would identify,
register, and categorize the reasons for irregular migration and
channel those who qualify through lawful pathways from Colombia to the
United States.\90\ The goal is to prevent irregular migration to the
United States or other places in the Hemisphere. The U.S. government
also reaffirmed its commitment to simultaneously expand additional
lawful pathways for Colombians with temporary work visas and expanded
family reunification.\91\ As stated in the announcement, the USG is
working with the government of Colombia to promptly implement
processing through SMOs to ensure the success of this initiative.\92\
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\90\ 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/.
\91\ Id.
\92\ Id.
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Furthermore, on June 12, 2023, the USG and the Government of Costa
Rica, in furtherance of bilateral partnership and addressing
hemispheric challenge of irregular migration, announced an exploratory
six-month implementation of SMOs.\93\ SMOs in Costa Rica will
facilitate access to lawful pathways to the United States and other
countries, including expedited refugee processing and other
humanitarian and labor pathways.\94\ In addition to starting the SMOs
initiative, the USG and the Government of Costa Rica reaffirmed their
commitment to work with all countries across the region to promote
integration of refugees and migrants, expand lawful pathways, and
promote humane border management.\95\
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\93\ 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/.
\94\ Id.
\95\ Id.
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Overall, delaying issuance and implementation of this process to
undertake rulemaking would complicate these and future U.S. efforts to
manage migration together with foreign partners. Because this FRP is an
example of the United States' shared commitment to managing migration
consistent with the L.A. Declaration and has been a key point in
ongoing negotiations and partnerships, such a delay would risk
undermining these partner countries' continued efforts, which are
critical to the U.S. foreign policy approach to migration management.
Furthermore, the delay associated with implementing this process
through notice-and-comment rulemaking would adversely affect the United
States' ability to negotiate for and request additional enforcement
measures and increased cooperation with removals, which is timely and
urgent given the conclusion of Title 42 enforcement on May 11. Regional
partner countries have repeatedly requested additional lawful pathways
in diplomatic engagements in return for increased law enforcement
measures throughout the migratory routes, imposing additional
requirements on key nationalities using their countries as a gateway to
make irregular journeys to the SWB, and accepting additional removal
flights with significantly reduced manifest times. Coordinated USG
efforts with partner countries in the Western Hemisphere, following the
lifting of the CDC's Title 42 public health Order on May 11, 2023, and
transition to processing under Title 8 of U.S. Code have led to a
reduction of irregular migration flows throughout the region and at the
SWB. However, the USG's assessment is that this might be a temporary
shift if the United States and partner countries do not sustain their
efforts to expand access to lawful pathways and enforcement measures
along the migratory routes as our regional partner countries and
international organization partners report skyrocketing inquiries from
migrants about availability of, and requirements for lawful pathways
and
[[Page 43591]]
enforcement penalties for unlawful entry into the United States. A key
means of delivering on these partnerships, in keeping with the U.S.
strategy and approach on migration management overall, is to make
available lawful pathways to provide safe and orderly alternatives to
the danger and consequences of irregular migration.
The invocation of the foreign affairs exemption is also consistent
with DHS precedent. For example, in 2017, DHS published a notice
eliminating an exception to expedited removal for certain Cuban
nationals, which explained that the change in policy was consistent
with the foreign affairs exemption because the change was central to
ongoing negotiations between the two countries.\96\ DHS similarly
invoked the foreign affairs exemption more recently, in connection with
the CHNV parole processes.\97\
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\96\ See DHS, Eliminating Exception To Expedited Removal
Authority for Cuban Nationals Encountered in the United States or
Arriving by Sea, 82 FR 4902 (Jan. 17, 2017).
\97\ See DHS, Implementation of a Parole Process for Cubans, 88
FR 1266 (Jan. 9, 2023); DHS, Implementation of a Parole Process for
Haitians, 88 FR 1243 (Jan. 9, 2023); DHS, Implementation of a Parole
Process for Nicaraguans, 88 FR 1255 (Jan. 9, 2023); DHS,
Implementation of Changes to the Parole Process for Venezuelans, 88
FR 1282 (Jan. 9, 2023); DHS, Implementation of a Parole Process for
Venezuelans, 87 FR 63507 (Oct. 19, 2022).
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B. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any new reporting requirements
they impose. The process announced by this notice requires changes to
the collections of information on Form I-134A, Online Request to be a
Supporter and Declaration of Financial Support (OMB control number
1615-0157), which will be used for the FRP process for Guatemalans and
is being revised in connection with this notice by increasing the
burden estimate. This process also requires changes to the collection
of information for Advance Travel Authorization (ATA) (OMB Control
Number 1651-0143). 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 and ATA for a period of 6 months. Within 45
days, USCIS and CBP will issue respective 60-day Federal Register
notices seeking comment on these changes.\98\
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\98\ Per the normal clearance procedures at 5 CFR 1320.10(e).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-14473 Filed 7-7-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P
