Implementation of a Family Reunification Parole Process for Salvadorans, 43611-43621 [2023-14475]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43611-43621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14475]


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DEPARTMENT OF HOMELAND SECURITY

[CIS No. 2750-23; DHS Docket No. USCIS-2023-0007]
RIN 1615-ZC00


Implementation of a Family Reunification Parole Process for 
Salvadorans

AGENCY: Department of Homeland Security.

ACTION: Notice of Implementation of a Family Reunification Parole 
Process for Salvadorans.

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SUMMARY: This notice announces the U.S. Department of Homeland 
Security's (DHS) creation and implementation of a family reunification 
parole process (FRP) for Salvadorans. Under this process, certain 
Salvadoran 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 El Salvador 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 Salvadoran 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 
Salvadorans and their immediate family members to lawfully enter the 
United States in a safe and orderly manner.
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    \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'').
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    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\
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    \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.
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    In July 2021, the National Security Council (NSC) published the 
U.S. Strategy for Addressing the Root Causes

[[Page 43612]]

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 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\
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    \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/.
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    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\
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    \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\
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    \13\ 88 FR 31314 (May 16, 2023).
    \14\ See id. at 31325.
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    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/; 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 43613]]

    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\
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    \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).
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    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\
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    \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.'').
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III. The FRP Process for Salvadorans

    As in the CFRP and HFRP processes, this FRP process for Salvadorans 
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 El 
Salvador 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 Salvadoran 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 
Salvadorans, 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

[[Page 43614]]

members from El Salvador in the United States. Currently, nationals of 
El Salvador 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\ 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.
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    \26\ For example, under the May 2023 Department of State Visa 
Bulletin, a Salvadoran 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 Salvadoran 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.
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    \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-

[[Page 43615]]

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 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.
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    \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 
Salvadorans at the SWB increased by about 168 percent as compared to 
FY18, and about 7.0 percent as compared to FY19, with encounters 
totaling approximately 98,600 in FY21 as compared to 36,800 and 92,200 
in FY18 and FY19, respectively.\44\ In FY22, the encounters remained at 
the high levels of the previous fiscal year, with 97,000 
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 Salvadorans accounting for approximately 4.3 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 El Salvador, to the 
United States.\47\
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    \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 El Salvador 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.
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    \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 El Salvador, has 
strained DHS's reception and processing capacity at the SWB. Between 
FY20 and April 2023, encounters of Salvadorans at the SWB totaled 
approximately a quarter million.\49\ By establishing a lawful pathway 
for some of these migrants from El Salvador, 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.
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    \49\ CBP, Nationwide Encounters (last visited June 9, 2023) 
https://www.cbp.gov/newsroom/stats/nationwide-encounters.
    \50\ As of late May 2023, there are currently an estimated 
32,600 Salvadoran 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 Salvadoran 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\
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    \51\ See, e.g., INA secs. 235, 240, 8 U.S.C. 1225, 1229a.
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    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

[[Page 43616]]

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 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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    \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 El Salvador, 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\
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    \55\ U.S. Department of State, Integrated Country Strategies--El 
Salvador, Apr. 21, 2023, https://www.state.gov/wp-content/uploads/2023/04/ICS_WHA_El-Salvador_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 El Salvador, 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 El Salvador 
already play a crucial role in their economies.\59\ In 2018, 
remittances from migrants living abroad were equivalent to nearly 21 
percent of Gross Domestic Product (GDP) in El Salvador.\60\ Remittances 
remained stable in 2019, at 21 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 El Salvador 
specifically, remittances were equivalent to 26 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 El Salvador, 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.
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    \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)--
El Salvador (last visited June 9, 2023) https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?locations=SV.
    \62\ Id.; also see 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 Salvadoran 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 Salvadoran 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 
Salvadoran 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

[[Page 43617]]

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 U.S.C.), parole would be denied, and the Form I-130 
approval would be revoked. If DHS revokes Form I-130 approval, the 
beneficiary will no longer be eligible for an immigrant visa. DHS 
will make these determinations on a case-by-case basis and will 
provide a written notice.
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B. Beneficiaries

    A beneficiary is a national of El Salvador (or their immediate 
family member of any nationality) who is outside the United States and 
who may 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 El Salvador or be a non-Salvadoran 
derivative beneficiary spouse or child \66\ of a Salvadoran principal 
beneficiary;
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    \66\ Certain non-Salvadorans may use this process if they are a 
derivative beneficiary of a Salvadoran principal beneficiary and 
traveling with that Salvadoran 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 El Salvador. 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'').
---------------------------------------------------------------------------

    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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[[Page 43618]]

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, 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 U.S.C. or LPR petitioner who 
filed the approved Form I-130 on behalf of the beneficiaries will 
submit a Form I-134A for each beneficiary with USCIS through the 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 beneficiary is a 
discretionary, case-by-case determination made by CBP at the time the 
beneficiary 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

[[Page 43619]]

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, 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 El Salvador 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 Salvadoran 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

[[Page 43620]]

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 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

[[Page 43621]]

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 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 Salvadorans 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. 2023-14475 Filed 7-7-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P