Implementation of Changes to the Cuban Family Reunification Parole Process, 54639-54643 [2023-17376]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Notices]
[Pages 54639-54643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17376]


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DEPARTMENT OF HOMELAND SECURITY

[CIS No. 2753-23; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZC04


Implementation of Changes to the Cuban Family Reunification 
Parole Process

AGENCY: Department of Homeland Security (DHS).

ACTION: Notice of changes to Cuban Family Reunification Parole.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) has authorized updates to modernize Cuban Family 
Reunification Parole (CFRP). CFRP provides a lawful, safe, and orderly 
pathway for certain Cubans to seek parole into the United States, 
allowing them to reunite with family as they wait for their immigrant 
visas to become available so they may apply to adjust status to lawful 
permanent resident (LPR). The Secretary has authorized these updates to 
CFRP in light of technological advancements and process efficiencies 
created since the CFRP's inception in 2007. Every step of the updated 
process will be completed online with the exception of a medical exam 
by a panel physician and the parole determination made upon arrival at 
an interior U.S. port of entry (POE).

DATES: DHS will begin using the Form I-134A, Online Request to be a 
Supporter and Declaration of Financial Support, for this process on 
August 11, 2023.

FOR FURTHER INFORMATION CONTACT: 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,

[[Page 54640]]

MD 20746, or by phone at 800-375-5283.

SUPPLEMENTARY INFORMATION:

I. Background

    In 2007, U.S. Citizenship and Immigration Services (USCIS) launched 
CFRP in furtherance of the United States' commitment under the U.S.-
Cuba Migration Accords \1\ to direct Cuban migration into lawful, safe, 
and orderly channels and to continue regular review of the migration 
situation and proper implementation of the Accords.\2\ Under CFRP, the 
U.S. Government (USG) invites certain eligible United States citizen 
(U.S.C.) and LPR petitioners to file a request and initiate 
consideration for parole for certain family members in Cuba who are the 
beneficiaries of an approved Form I-130, Petition for Alien 
Relative.\3\
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    \1\ See generally U.S. Department of State archived website on 
Cuban migration, https://1997-2001.state.gov/regions/wha/cuba/migration.html. Under the Accords, the United States committed 
itself to total legal migration to the United States from Cuba of a 
minimum of 20,000 Cubans each year, not including immediate 
relatives of U.S. citizens (USCs). See Joint Communiqu[eacute] on 
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the Joint 
Statement With the Republic of Cuba on Normalization of Migration 
(May 2, 1995) as the U.S.-Cuba Migration Accords).
    \2\ Cuban Family Reunification Parole Program, 72 FR 65588 (Nov. 
15, 2007). Note that, consistent with other processes described in 
this notice, DHS now refers to CFRP as a process rather than a 
program.
    \3\ Id.; see also USCIS, The Cuban Family Reunification Parole 
Program (Sept. 1, 2022), https://www.uscis.gov/humanitarian/humanitarian-parole/the-cuban-family-reunification-parole-program.
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    If travel is authorized for the beneficiaries, these family members 
are allowed to travel to the United States before their immigrant visas 
become available and seek parole on a case-by-case basis upon arrival 
at a port of entry (POE) in the United States.\4\ If granted parole 
into the United States, CFRP parolees may apply for employment 
authorization while they wait to apply to adjust to LPR status.\5\ 
Unlike parolees under similar family reunification parole (FRP) 
processes, CFRP beneficiaries may apply for adjustment one year after 
their parole into the United States under the Cuban Adjustment Act.\6\ 
They do not need to wait for their immigrant visas to become available 
to apply for adjustment.\7\
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    \4\ Id.
    \5\ See 8 CFR 274a.12(c)(11).
    \6\ See Public Law 89-732, 80 Stat. 1161 (Nov. 2, 1966), as 
amended (Immigration and Nationality Act (INA), sec. 245, Note 1, 8 
U.S.C. 1255, Note 1).
    \7\ Id.
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    Beneficiaries must have a petitioner who filed a Form I-130 on 
behalf of a principal beneficiary and has been invited to participate 
in the CFRP process after the Form I-130 was approved. The principal 
beneficiary of that petitioner's Form I-130 must be a Cuban national. 
Consistent with a Federal Register notice updating the CFRP process in 
2014, beginning February 17, 2015, USCIS required invited petitioners 
to file a completed Form I-131, Application for Travel Document, and 
submit the required fee(s) or fee waiver request for consideration of 
parole for each beneficiary.\8\ Also consistent with that notice, USCIS 
required that USCIS officers or U.S. Department of State (State) 
consular officers interview beneficiaries in Havana, Cuba, to verify 
their eligibility for the program.\9\ If USCIS issued a travel document 
to a given beneficiary, that individual could then travel to the United 
States to seek parole.
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    \8\ Notice of Changes to Application Procedures for the Cuban 
Family Reunification Parole Program, 79 FR 75579 (Dec. 18, 2014).
    \9\ 79 FR 75581.
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    In May 2022, the United States announced the resumption of CFRP 
operations following suspension of CFRP interviews in September 2017 
\10\ and closure of the USCIS Havana Field Office on December 10, 
2018.\11\ In August 2022, USCIS began mailing CFRP interview notices to 
petitioners with instructions for the beneficiary interview. On August 
18, 2022, USCIS restarted interviews at the U.S. Embassy in Cuba. 
However, USCIS has had limited capacity to conduct interviews due to 
operational constraints in Cuba. Specifically, while both State and 
USCIS are working to fully resume operations in Havana, these efforts 
are taking time to fully realize, which is one reason DHS is 
implementing these operational changes. Furthermore, the economic and 
political crisis in Cuba, which has been marked by food shortages, 
rolling blackouts, and countrywide internet outages,\12\ impacts the 
USG capacity to process parole requests in Cuba for Cuban nationals and 
their immediate family members \13\ under CFRP.
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    \10\ See U.S. Department of State, Biden Administration Measures 
to Support the Cuban People (May 16, 2022), https://www.state.gov/biden-administration-measures-to-support-the-cuban-people/. See also 
U.S. Embassy in Cuba, USCIS Resumes Cuban Family Reunification 
Parole Program Operations (September 1, 2022), https://
cu.usembassy.gov/uscis-resumes-cuban-family-reunification-parole-
program-operations/
#:~:text=CFRP%20processing%20was%20suspended%20due,office%20in%20Hava
na%20in%202018.
    \11\ See USCIS, USCIS Closes Havana Field Office on December 10, 
2018 (December 10, 2018), https://www.uscis.gov/archive/uscis-closes-havana-field-office-on-dec-10-2018.
    \12\ New York Times, `Cuba Is Depopulating': Largest Exodus Yet 
Threatens Country's Future, Dec. 10, 2022, https://www.nytimes.com/2022/12/10/world/americas/cuba-us-migration.html; Dave Sherwood, 
Reuters, Oct. 1, 2022, Banging pots, Cubans stage rare protests over 
Hurricane Ian blackouts. https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/; The Economist, Cuba is Facing Its Worst Shortage of Food 
Since the 1990s (July 1, 2021), https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s.
    \13\ Within 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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    In short, interview capacity limitations in Cuba, resource 
constraints within DHS and State, and the pending application caseload 
have made the process inefficient and inaccessible to many 
beneficiaries in Cuba. Many applications are pending, and no new 
invitations to access CFRP have been sent since August 23, 2016.
    In the meantime, technology has evolved since the launch of the 
CFRP process in 2007. DHS is now able to electronically collect 
biographic information and evidentiary documents to facilitate identity 
verification, national security checks, and public safety vetting. DHS 
has expanded capacity to intake forms through online processes and 
allow individuals to upload supporting documentation directly online as 
part of the application process. The updated process for CFRP utilizes 
these technological developments to make the advance travel 
authorization and parole process more efficient and accessible while 
maintaining national security and public safety vetting measures as 
well as other measures for case-by-case adjudication.
    In addition, DHS has recently implemented parole processes that are 
similar to CFRP but that follow different procedures that utilize these 
recent technological developments. These include the filing of a Form 
I-134A, Online Request to be a Supporter and Declaration of Financial 
Support, the use of a fully electronic request for advance travel 
authorization (as opposed to the petitioner's use of the Form I-131 
under the 2014 CFRP procedures), and processing without a requirement 
for an in-person interview abroad. Most recently, on July 10, 2023, DHS 
implemented FRP processes for certain Colombians,\14\ Guatemalans,\15\

[[Page 54641]]

Hondurans,\16\ and Salvadorans \17\ along these lines. DHS is now 
conforming the CFRP process to these recently announced processes.
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    \14\ See Implementation of a Family Reunification Parole Process 
for Colombians, 88 FR 43591 (July 10, 2023).
    \15\ See Implementation of a Family Reunification Parole Process 
for Guatemalans, 88 FR 43581 (July 10, 2023).
    \16\ See Implementation of a Family Reunification Parole Process 
for Hondurans, 88 FR 43601 (July 10, 2023).
    \17\ See Implementation of a Family Reunification Parole Process 
for Salvadorans, 88 FR 43611 (July 10, 2023).
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II. Modernized Process

A. Petitioners

    As done under the 2007 process and the revised process in 2014, 
invitations to participate in the CFRP process will issue to certain 
petitioners who have an approved Form I-130 filed on behalf of a Cuban 
principal beneficiary. Invitations will continue to issue at the USG's 
discretion, based on operational capacity, the expected period of time 
until the principal beneficiary's immigrant visa becomes available, and 
in a manner calibrated to best achieve the foreign policy aims of this 
process.
    Petitioners who have an approved \18\ Form I-130 filed on behalf of 
a Cuban 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 to be a 
supporter with USCIS to initiate this process on behalf of a Cuban 
principal beneficiary of an approved Form I-130, and how to file 
separate requests for any immediate family members of the principal 
beneficiary.
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    \18\ In certain circumstances, such as if the beneficiary is no 
longer eligible for the Form I-130 (e.g., the petitioner is no 
longer an LPR or U.S.C.), parole would be denied, and the Form I-130 
approval would be revoked. If DHS revokes Form I-130 approval, the 
beneficiary will no longer be eligible for an immigrant visa. DHS 
will make these determinations on a case-by-case basis and will 
provide a written notice of the revocation of the approved Form I-
130.
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    As part of the request process, the petitioner will be required to 
provide evidence of their income and assets and commit to provide 
financial support to the beneficiary named in the request for the 
period of parole. Petitioners will also be required to provide evidence 
to verify the familial relationship between the principal beneficiary 
of the Form I-130 and all immediate family members of the principal 
beneficiary for whom the petitioner will be filing a request to be a 
supporter under this process. As part of the review process, the 
petitioner must also pass security and background vetting, including 
for public safety, national security, human trafficking, and 
exploitation concerns.

B. Beneficiaries

    The threshold eligibility criteria for participation in the CFRP 
continue to apply. Principal beneficiaries must be Cuban nationals who 
have a petitioner who has been invited to participate. However, DHS is 
implementing an update for the petitioner to initiate this process so 
the beneficiary can be considered for issuance of advance authorization 
to travel to the United States where the beneficiary can seek a 
discretionary grant of parole at an interior POE.
    To be eligible to be considered under this process, a beneficiary 
must not have been issued an immigrant visa at the time the invitation 
issues to the petitioner and, if authorized to travel, must now travel 
by commercial air with sufficient documentation (e.g., international 
passport) to an interior POE.
    In addition, as with the 2007 process and the revised 2014 process, 
each beneficiary must undergo and pass national security and public 
safety vetting and must demonstrate that they otherwise merit a 
favorable exercise of discretion by DHS. Under this updated process, 
U.S. Customs and Border Protection (CBP) will consider a beneficiary's 
previous immigration history, encounters with USG entities, and the 
results of national security and public safety vetting when determining 
a beneficiary's eligibility to be issued advance authorization to 
travel to the United States. CBP will determine, on a case-by-case 
basis, whether to exercise discretion to grant parole to the 
beneficiary at an interior POE upon their arrival. CBP also will 
consider other factors in making discretionary determinations 
consistent with long-standing policy and practice.
    Upon arrival at an interior POE, each beneficiary must demonstrate 
to CBP that a grant of parole is warranted based on a significant 
public benefit or for urgent humanitarian reasons and that the 
beneficiary merits a favorable exercise of discretion. Each beneficiary 
must also comply with all additional requirements, including 
vaccination requirements and other public health guidelines, prior to 
traveling to the United States. For consistency with other FRP 
processes, parole will generally be granted for a period of up to three 
years, rather than the two years under the previous CFRP process.
    Participation in this process is not limited to beneficiaries 
currently living in Cuba.\19\ However, as noted above, beneficiaries 
must be outside the United States to participate in the process, and 
the principal beneficiaries must be Cuban nationals.
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    \19\ DHS recognizes that permitting Cubans to be processed under 
the CFRP process when not physically present in Cuba means that not 
all Cubans who are paroled under the CFRP process would count 
towards the U.S. Government's annual obligation under the U.S.-Cuba 
Migration Accords.
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    A beneficiary of this process who enters the United States between 
POEs rather than being considered for parole under this process will be 
processed under Title 8 of the U.S. Code and face appropriate 
consequences. For example, they may be subject to potential criminal 
prosecution,\20\ expedited removal proceedings,\21\ or removal 
proceedings under section 240 of the INA, 8 U.S.C. 1229a. In addition, 
beneficiaries who enter the United States between POEs rather than 
being considered for parole under this process may already be or may 
become ineligible for adjustment of status \22\ or for an immigrant 
visa \23\ as a result of entering without inspection and not having 
been admitted or paroled.\24\
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    \20\ 8 U.S.C. 1325, 1326 (for illegal entry and reentry, 
respectively).
    \21\ INA sec. 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i).
    \22\ INA sec. 245(a), 8 U.S.C. 1255(a) (requiring adjustment of 
status applicants to be inspected and admitted or inspected and 
paroled, as well as be admissible); INA sec. 245(c), 8 U.S.C. 
1255(c)(2) (adjustment of status applicants are ineligible if they 
are in unlawful immigration status on the date of filing the 
application for adjustment of status or fail to maintain 
continuously a lawful status since entry into the United States); 
INA sec. 212(a), 8 U.S.C. 1182(a) (grounds of inadmissibility that 
render applicants for adjustment of status ineligible).
    \23\ 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).
    \24\ 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 54642]]

C. Description of Updated Process for CFRP

    DHS announces these updates to the CFRP process in light of lessons 
learned, technological advancements made, and efficiencies created in 
parole processes developed and implemented since CFRP's inception in 
2007. Except for the medical exam by a panel physician and the ultimate 
parole determination made in person, on a case-by-case basis, by CBP at 
an interior POE, all steps of the updated CFRP process will generally 
be completed online. As a result, the process will no longer require an 
in-country interview for each beneficiary.
Step 1: Invitation Sent to Petitioner
    An invitation may be sent to a petitioner who has filed an approved 
Form I-130 on behalf of the principal beneficiary and any derivative 
beneficiaries listed on the Form I-130. The decision whether to send 
the invitation is based on multiple discretionary factors. Such factors 
may include operational capacity considerations, the expected period of 
time until the beneficiary's immigrant visa becomes available, as well 
as other measures calibrated to best achieve the policy aims of this 
process as described in this Notice.
    Only after receiving an invitation may the petitioner file a Form 
I-134A request to initiate consideration under this CFRP process. 
Participation in the process will continue to be voluntary. The 
invitation will instruct the petitioner on next steps to initiate this 
process on behalf of the beneficiaries, including instructions on 
documentation to include in their Form I-134A filing. Each invitation 
will include an identifying number that the petitioner must include in 
the Form I-134A for each beneficiary on whose behalf they wish to 
request to be a supporter.
Step 2: Petitioner Files Form I-134A Online
    After receiving an invitation to initiate this process, the U.S.C. 
or LPR petitioner who filed the approved Form I-130 on behalf of the 
beneficiaries will submit a Form I-134A for each beneficiary with USCIS 
through the USCIS online web portal. The petitioner must submit a 
separate Form I-134A for each beneficiary, including derivatives of the 
principal beneficiary. The petitioner will not be required to pay a fee 
to file Form I-134A. The Form I-134A identifies and collects 
information on both the petitioner and the beneficiary.
    The petitioner must submit evidence establishing their income and 
assets and commit to provide financial support to the beneficiary for 
the duration of parole. The petitioner must also submit evidence 
establishing the family relationships between the principal beneficiary 
and all derivative beneficiaries.
    USCIS will perform background checks on the petitioner and verify 
their financial information to ensure that the petitioner is able to 
financially support the beneficiary. If the petitioner's Form I-134A is 
confirmed, the request proceeds to the next step.
Step 3: Beneficiary Electronically Provides Information To Support the 
Request
    If a petitioner's Form I-134A is confirmed by USCIS, the 
beneficiary named in the Form I-134A will receive an email from USCIS 
with instructions to create a USCIS online account and next steps for 
completing the request. The beneficiary will be required to confirm 
their biographic information in their online account and attest to 
meeting eligibility requirements.
    As part of confirming eligibility in their USCIS online account, a 
beneficiary who seeks advance authorization to travel to the United 
States will need to confirm that they meet public health requirements, 
including certain vaccination requirements.
Step 4: Beneficiary Submits Request in CBP One Mobile Application
    After confirming biographic information in their USCIS online 
account and completing required eligibility attestations, the 
beneficiary will receive instructions through their USCIS online 
account for accessing the CBP One mobile application. The beneficiary 
must enter certain biographic and biometric information--including a 
``live'' facial photograph--into CBP One.
Step 5: Approval To Travel to the United States
    A beneficiary who establishes eligibility for this process, passes 
all the requisite vetting, and demonstrates that they otherwise warrant 
a favorable exercise of discretion, may receive an electronic advance 
authorization from CBP to travel to the United States. This will 
facilitate their ability to travel to the United States to seek a 
discretionary grant of parole, on a case-by-case basis, at an interior 
POE.
    The beneficiary will receive a notice in their USCIS online account 
confirming whether CBP has, in its discretion, provided the beneficiary 
with advance authorization to travel to the United States. If approved, 
the beneficiary is responsible for securing their own travel via 
commercial air to an interior POE inside a U.S. airport.\25\
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    \25\ 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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    Approval of advance authorization to travel does not guarantee a 
beneficiary will be paroled into the United States upon inspection at 
the POE. Whether to parole the beneficiary is a discretionary, case-by-
case determination made by CBP at the time the beneficiary arrives at 
the interior POE.
Step 6: Beneficiary Seeks Parole at the POE
    To use the advance authorization to travel to the United States, 
the beneficiary must have sufficient documentation (e.g., international 
passport) to travel on a commercial airline. Beneficiaries under the 
age of 18 to whom CBP issues advance authorization to travel under this 
process may be subject to additional screening and/or travel parameters 
in coordination with U.S. authorities to ensure appropriate travel 
arrangements and coordination with their parent(s) or legal 
guardian(s). This FRP process does not affect CBP's legal obligations 
regarding the identification and processing of unaccompanied 
children.\26\
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    \26\ See 6 U.S.C. 279(g)(2) (defining ``unaccompanied alien 
child'').
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    CBP will inspect each beneficiary arriving at an interior POE under 
this process and consider each individual, on a case-by-case basis, for 
a grant of discretionary parole for a period of up to three years. Upon 
arrival at an interior POE, the beneficiary will be required to submit 
additional biometrics to DHS, including another photograph and 
fingerprints. This biometric information will support additional 
vetting against available databases to inform an independent 
determination by CBP officers as to whether parole is warranted on a 
case-by-case basis and whether the beneficiary merits a favorable 
exercise of discretion.
    A beneficiary who is determined to pose a national security or 
public safety threat will be denied parole. A beneficiary who otherwise 
does not warrant parole pursuant to section 212(d)(5)(A) of the INA, 8 
U.S.C. 1182(d)(5)(A), as a matter of discretion upon inspection, will 
be processed under an appropriate disposition and may be referred to 
U.S. Immigration and

[[Page 54643]]

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.\27\
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    \27\ 8 CFR 274a.12(c)(11).
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    Parole may be terminated upon notice at DHS's discretion, and the 
noncitizen may be placed into removal proceedings and/or detained if, 
for example, the parolee fails to maintain the conditions for the 
parole or other derogatory information emerges during the parole 
period. A noncitizen paroled into the United States under this process 
may request additional periods of parole. DHS will determine whether an 
additional period is warranted, on a case-by-case basis, for urgent 
humanitarian reasons or significant public benefit. All of the steps in 
this process, including the decision to confirm or non-confirm the Form 
I-134A, as well as the decision whether to issue advance authorization 
to travel and the parole decision at the interior POE, are entirely 
discretionary and not subject to appeal on any grounds.

D. Termination, No Private Rights, and Severability

    The Secretary retains the sole discretion to terminate this CFRP 
process at any point. This process is being implemented as a matter of 
the Secretary's discretion. It is not intended to and does not create 
any rights, substantive or procedural, enforceable by any party in any 
matter, civil or criminal. The 2007 decision to implement this process 
remains unchanged and is severable from the procedural updates 
announced in this notice.

III. Regulatory Requirements

A. Administrative Procedure Act

    The changes to the CFRP process announced in this notice are exempt 
from notice-and-comment rulemaking and delayed effective date 
requirements on multiple grounds and are therefore amenable to 
immediate issuance and implementation.
    First, the CFRP process, and these updates to that process, 
constitute a general statement of policy,\28\ 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.'' \29\ 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. The updates to the process do not change the nature of the 
policy and fall under the exception for general statements of policy. 
Additionally, this falls under the separate exception for rules of 
agency organization, procedure, or practice \30\ because it sets forth 
updates to how agencies will implement the CFRP process.
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    \28\ 5 U.S.C. 553(b)(A).
    \29\ See Lincoln v. Vigil, 508 U.S. 182, 197 (1993) (quoting 
Chrysler Corp. v. Brown, 441 U.S. 281, 302 n.31 (1979)).
    \30\ 5 U.S.C. 553(b)(A).
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    Second, even if the updates to this process were considered to be a 
legislative rule that will normally be subject to requirements for 
notice-and-comment rulemaking and a delayed effective date, the updates 
are exempt from such requirements because they involve a foreign 
affairs function of the United States.\31\ As discussed in the July 10, 
2023 notices announcing four new family reunification processes,\32\ 
the United States continues to engage hemispheric partners to increase 
their efforts to collaboratively manage irregular migration.\33\ 
Improving the efficiency and accessibility of CFRP is necessary to 
ensure our foreign partners' continued collaboration on migration 
issues, including the ability of the United States to meet other 
immigration-management priorities such as the implementation of the 
initial phases of Safe Mobility Offices (SMOs) in Guatemala, Costa 
Rica, and Colombia.\34\ Also, as with the four new processes, delays in 
implementing these procedural changes would complicate broader ongoing 
and future discussions and negotiations with key foreign partners about 
migration management. As such, foreign partners have requested that the 
United States ensure that functional, efficient lawful pathways exist 
for Cuban nationals.
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    \31\ 5 U.S.C. 553(a)(1).
    \32\ See footnotes 14, 15, 16, and 17; see also DHS press 
release ``DHS Announces Family Reunification Parole Processes for 
Colombia, El Salvador, Guatemala, and Honduras'' (July 7, 2023), 
https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala.
    \33\ 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/.
    \34\ See DHS, Fact Sheet: U.S. Government Announces Sweeping New 
Actions to Manage Regional Migration (April 27, 2023), https://www.dhs.gov/news/2023/04/27/fact-sheet-us-government-announces-sweeping-new-actions-manage-regional-migration. DHS has previously 
announced the intention to establish Regional Processing Centers 
(RPCs) but will now refer to them as Safe Mobility Offices (SMOs) 
following the launch of the MovilidadSegura.org website and the 
announcements with hosting countries.
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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 updates to the CFRP process announced by this notice 
require changes to the collection of information on Form I-134A, Online 
Request to be a Supporter and Declaration of Financial Support (OMB 
control number 1615-0157), and the collection of information on Form I-
131, Application for Travel Document (OMB control number 1615-0013), 
which will be used for this CFRP process and are being revised in 
connection with this notice by adjusting the burden estimate. The 
updates to this process also require changes to the collection of 
information for Advance Travel Authorization (ATA) (OMB Control Number 
1651-0143). USCIS and CBP have submitted, and OMB has approved, 
requests for emergency authorization of the required changes (under 5 
CFR 1320.13) to Form I-134A, Form I-131, and ATA for a period of six 
(6) months. USCIS and CBP will issue respective 60-day Federal Register 
notices seeking comment on these changes on or before August 25, 
2023.\35\
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    \35\ Per the normal clearance procedures at 5 CFR 1320.10(e).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-17376 Filed 8-10-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P