[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78762-78774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25313]


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DEPARTMENT OF HOMELAND SECURITY

[CIS No. 2758-23; DHS Docket No. USCIS-2023-0014]
RIN 1615-ZC07


Implementation of a Family Reunification Parole Process for 
Ecuadorians

AGENCY: Department of Homeland Security.

ACTION: Notice of implementation of a family reunification parole 
process for Ecuadorians.

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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 (FRP) process for Ecuadorians. Under this process, certain 
Ecuadorian 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 Ecuador to the United States as an alternative to 
irregular migration to help relieve pressure at the Southwest Border 
(SWB) and to 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, regional strategy to address the challenges 
posed by irregular migration.

DATES: DHS will begin using the Form I-134A, Online Request to be a

[[Page 78763]]

Supporter and Declaration of Financial Support, for this process on 
November 16, 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 Ecuadorian 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 an avenue for certain 
Ecuadorians 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 
collaboratively manage migration with its partners in the Western 
Hemisphere.\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 (E.O.) 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 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 noncitizens 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 National Security Council (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 access to lawful pathways through which migrants can 
come to the United States as one means of reducing irregular migration 
flows. On October 12, 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.\8\ The process for Venezuelans was designed to immediately 
address the humanitarian need and the increasing number of encounters 
of Venezuelan nationals at the SWB.\9\ 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, would be subject to expulsion or removal.\10\ 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 existing parole process for 
Venezuelans to allow for its continued operation.\11\
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    \8\ Implementation of a Parole Process for Venezuelans, 87 FR 
63507 (Oct. 19, 2022).
    \9\ See id.
    \10\ Id.
    \11\ 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.\12\ 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.\13\
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    \12\ 88 FR 31314 (May 16, 2023).
    \13\ 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 \14\ and

[[Page 78764]]

expanding refugee processing in South and Central America, including by 
working to establish Safe Mobility Offices (SMOs) in key locations.\15\ 
USG efforts have also expanded access to H-2 temporary nonimmigrant 
worker visas for noncitizens in the region while enhancing worker 
protections.\16\
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    \14\ 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. See U.S. 
Department of State, Restarting the Central American Minors Program, 
March 10, 2021, https://www.state.gov/restarting-the-central-american-minors-program/ (last visited Aug. 3, 2023). 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). 
See U.S. Department. of State, Joint Statement by the U.S. 
Department of State and U.S. Department of Homeland Security on the 
Expansion of Access to the Central America Minors Program, June 15, 
2021, https://www.state.gov/joint-statement-by-the-u-s-department-of-state-and-u-s-department-of-homeland-security-on-the-expansion-of-access-to-the-central-american-minors-program/ (last visited Aug. 
3, 2023). 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).
    \15\ 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; U.S 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/. 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 
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/; See The Department of 
State, Announcement of Safe Mobility Office in Ecuador, Oct. 19, 
2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
    \16\ 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 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 reserved for 
nationals of the NCA countries and 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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    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 
noncitizens who may otherwise undertake an irregular migration journey 
to the United States.

II. Parole Authority

    The Secretary of Homeland Security (the Secretary) has the 
discretionary authority under the Immigration and Nationality Act (INA) 
to parole an applicant 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.'' \17\ Parole is not an admission of the 
noncitizen to the United States, and a parolee remains an ``applicant 
for admission'' during the period of parole in the United States.\18\ 
DHS sets the duration of the parole based on the purpose for granting 
the parole request and may impose reasonable conditions on parole.\19\ 
DHS may terminate parole upon notice in its discretion at any time.\20\ 
By regulation, parolees may apply for and be granted employment 
authorization to work lawfully in the United States.\21\
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    \17\ 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'').
    \18\ INA secs. 101(a)(13)(B) and 212(d)(5)(A), 8 U.S.C. 
1101(a)(13)(B) and 1182(d)(5)(A).
    \19\ See 8 CFR 212.5(c).
    \20\ See 8 CFR 212.5(e).
    \21\ See 8 CFR 274a.12(c)(11).
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    Past Secretaries have similarly exercised parole authority to 
establish other family reunification parole processes administered by 
U.S. Citizenship and Immigration Services (USCIS). For example, Cuban 
Family Reunification Parole (CFRP) 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 Forms I-130.\22\ If parole is authorized, these family members 
may come to the United States and seek parole before their immigrant 
visa priority dates are current.\23\ Similarly, in 2014, Haitian Family 
Reunification Parole (HFRP) was established, which allows 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.\24\ On July 10, 2023, DHS announced the 
implementation of four new FRP processes for certain nationals from 
Colombia, El Salvador, Guatemala, and Honduras, and their immediate 
family members, who have approved family-based petitions filed on their 
behalf by a U.S.C. or LPR.\25\ On August 11, 2023, DHS announced 
updates to modernize the CFRP and HFRP processes by adopting the new, 
mostly

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online, processing steps implemented for the four new FRP 
processes.\26\
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    \22\ 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.'').
    \23\ Id.
    \24\ 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.'').
    \25\ See Implementation of a Family Reunification Parole Process 
for Colombians, 88 FR 43591 (July 10, 2023); Implementation of a 
Family Reunification Parole Process for Salvadorans, 88 FR 43611 
(July 10, 2023); Implementation of a Family Reunification Parole 
Process for Guatemalans, 88 FR 43581 (July 10, 2023); Implementation 
of a Family Reunification Parole Process for Hondurans, 88 FR 43601 
(July 10, 2023).
    \26\ See Implementation of Changes to the Cuban Family 
Reunification Parole Process, 88 FR 54639 (Aug. 11, 2023); 
Implementation of Changes to the Haitian Family Reunification Parole 
Process, 88 FR 54635 (Aug. 11, 2023).
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III. The FRP Process for Ecuadorians

    As in all other FRP processes, the FRP process for Ecuadorians will 
allow U.S.C. and LPR petitioners who have been invited to file a 
request and initiate this process for certain eligible family members 
to receive advance authorization to travel to the United States to seek 
parole at an interior POE (i.e., an airport). Individuals who are 
eligible to be considered for parole under this process include 
nationals of Ecuador who are principal beneficiaries of approved Form 
I-130 family-based immigrant petitions, as well as their immediate 
family members, who are outside the United States and who have not yet 
received an immigrant visa. This process requires that the Form I-130 
petitioner first receive an invitation to be able to initiate the 
process on behalf of the Form I-130 principal beneficiary and their 
immediate family members. As in other FRP 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 U.S. Customs and Border Protection (CBP) 
issues an advance authorization to travel to a beneficiary, 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 other FRP processes. If paroled 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 all parole requests, under this FRP process 
for Ecuadorians, parole will be authorized only 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 who are beneficiaries of 
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

    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 in 
the United States with their family members from Ecuador. Currently, 
nationals of Ecuador 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.\27\ 
While they wait for an immigrant visa to be issued, security concerns 
and uncertainty in their home country, combined with a desire to 
reunify with family in the United States, could cause many to choose 
irregular migration in the absence of an alternative, near-term path to 
come to the United States for family reunification.
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    \27\ For example, under the October 2023 Department of State 
Visa Bulletin, an Ecuadorian unmarried son or daughter of a U.S.C.--
F1 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 8 years ago. See DOS, Visa Bulletin for October 
2023, Number 82, Volume X (Oct. 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html. However, these dates are not predictive. Due 
to increases in volume of Form I-130 filings, an Ecuadorian 
unmarried son or daughter of a U.S.C. for whom a Form I-130 is filed 
today will likely have an even longer 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 expeditious 
reception and integration of arriving noncitizens into American 
society. New arrivals will be introduced sooner to the networks 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.

[[Page 78766]]

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,\28\ joining Colombia and Panama to ramp 
up efforts to address irregular flows through the Dari[eacute]n,\29\ 
establishing SMOs in key locations throughout the Western 
Hemisphere,\30\ joining Mexico to announce and develop a humanitarian 
plan on migration,\31\ issuing a trilateral statement with Canada and 
Spain to announce our intent to partner together to deepen engagement 
in Latin America,\32\ and, most recently, announcing full support for 
an initiative that the Government of Mexico plans to start in southern 
Mexico to offer new refugee and labor pathways.\33\ 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, at great financial, staffing, and domestic 
political costs, to: (1) create and expand access to lawful pathways in 
their respective countries, (2) increase enforcement measures along the 
migratory routes, and (3) 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. Implementation of this FRP process is one 
response to such requests and, thereby, will build goodwill with 
regional partners and secure cooperation and strengthen bilateral 
relations in furtherance of U.S. national interests.
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    \28\ 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/.
    \29\ Trilateral Joint Statement, April 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
    \30\ 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/; 
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/; 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/; 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/.
    \31\ 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/.
    \32\ 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.
    \33\ See The White House, Statement from National Security 
Advisor Jake Sullivan on Legal Pathways Initiative with Mexico, July 
28, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/28/statement-from-national-security-advisor-jake-sullivan-on-legal-pathways-initiative-with-mexico/.
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    This process is not only responsive to the requests and interests 
of key foreign partners--and necessary for addressing migration issues 
requiring coordination between two or more governments--it is also 
fully aligned with larger foreign policy objectives of this 
Administration and fits within a framework of carefully negotiated 
actions by multiple governments, as reflected in the L.A. Declaration 
and the aforementioned actions.\34\ 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.\35\ 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.\36\ 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.
---------------------------------------------------------------------------

    \34\ 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/.
    \35\ Id.
    \36\ Id.
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    The USG further intensified its international engagement in Spring 
2023 as the date on which the CDC Title 42 public health Order \37\ 
would terminate neared and DHS anticipated a significant potential 
further increase in irregular migration.\38\ For instance, on April 11, 
2023, consistent with the spirit of the L.A. Declaration, in 
anticipation of the end of the Title 42 public health Order, and at the 
request of the United States, the United States, jointly with the 
Governments of Panama and Colombia, committed to three goals--a 
counter-human smuggling effort in both the land and maritime domain; an 
expansion of lawful pathways as an alternative to irregular migration; 
and increased economic investment in impacted border communities--as 
part of a coordinated 60-day campaign and sustained cooperation beyond 
the initial two-month campaign to reduce irregular migration.\39\ 
Implementing this process fulfills one of the commitments the United 
States made with its regional partners 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.'' \40\
---------------------------------------------------------------------------

    \37\ 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'').
    \38\ 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/index.html.
    \39\ Trilateral Joint Statement, Apr. 11, 2023, https://www.dhs.gov/news/2023/04/11/trilateral-joint-statement.
    \40\ See id.
---------------------------------------------------------------------------

    The United States also continues to encourage regional governments 
to continue to expand lawful pathways for migrants, including providing 
legal status to migrants residing in their countries, as well as to 
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.\41\ Partner 
countries have also taken actions to forgive existing migrant overstay 
fines, effectively removing one of the largest barriers to 
regularization.

[[Page 78767]]

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\
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    \41\ See Secretary Antony J. Blinken and Secretary of Homeland 
Security Alejandro Mayorkas at a Joint Press Availability--U.S. 
Department of State (``Blinken-Mayorkas Joint Press Availability''), 
Apr. 27, 2023, https://www.state.gov/secretary-antony-j-blinken-and-secretary-of-homeland-security-alejandro-mayorkas-at-a-joint-press-availability/.
    \42\ See id.
    \43\ See id.
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    Expanding cooperation with Ecuador can help achieve migration goals 
within Ecuador, regionally, and around the globe.\44\ Ecuador is 
committed to diminishing the flow of irregular migrants from Ecuador 
northward by imposing additional visa requirements for certain 
nationalities,\45\ providing life-saving assistance to Venezuelan and 
Colombian refugees and migrants within its borders, and strengthening 
its border security and controls.\46\ Ecuador, along with Costa Rica, 
Belize, and Peru, is undertaking efforts to regularize migrants from 
Venezuela and Nicaragua.\47\ Ecuador's program for Venezuelans in the 
country has provided an opportunity for stability and integration for 
more than 500,000 displaced Venezuelans.\48\ Furthermore, establishing 
an FRP process for certain nationals of Ecuador furthers the USG's 
efforts to set up SMOs in Ecuador. As part of ongoing negotiations over 
the establishment of SMOs in Ecuador, the Government of Ecuador has 
repeatedly emphasized the critical importance of lawful pathways to the 
United States for nationals of Ecuador, including labor and family 
reunification pathways.\49\ After months of negotiations, on October 
19, the USG and the Government of Ecuador announced the establishment 
of SMOs in Ecuador to guide migrants and refugees towards lawful 
migration pathways.\50\
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    \44\ U.S. Department of State, Integrated Country Strategies--
Ecuador, Apr. 20, 2023, https://www.state.gov/wp-content/uploads/2022/07/ICS_WHA_Ecuador_Public-1.pdf.
    \45\ Ministry of Foreign Affairs of Ecuador, LISTA DE 
PA[Iacute]SES QUE DEBEN PRESENTAR VISA AL INGRESAR AL ECUADOR, 
https://www.cancilleria.gob.ec/2020/06/30/lista-de-paises-que-deben-presentar-visa-al-ingresar-al-ecuador/ (last visited Sept. 21, 
2023). Ecuador passed new legislation imposing additional visa 
requirements on nationals arriving from Chad, Guinea-Bissau, 
Kyrgyzstan, Mauritania, Sierra Leone, Sudan, and South Sudan. The 
new law went into effect on August 3, 2023, and since then, all new 
travelers from the seven countries must have visas prior to arrival 
in Ecuador. These additional nationalities follow Ecuador's late 
2022 decision to add visa requirements for nationals arriving from 
Albania, Tajikistan, and Uzbekistan.
    \46\ Id.
    \47\ See supra note 41.
    \48\ The White House, Readout of Los Angeles Declaration 
Implementation Launch, Sept. 27, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/27/readout-of-los-angeles-declaration-implementation-launch/.
    \49\ See, e.g., The Department of State, Quito PRM Regional 
Refugee Coordinator Report, 23 QUITO 648, July 21, 2023. Gustavo 
Manrique: ``Dialogamos con EE.UU. para que los migrantes puedan 
tener una reunificaci[oacute]n familiar'' (Gustavo Manrique: ``We 
are in dialogue with the U.S. so that migrants can have family 
reunification''), July 10, 2023, https://www.ecuavisa.com/noticias/politica/gustavo-manrique-dialogamos-con-ee-uu-para-que-los-migrantes-puedan-tener-una-reunificacion-familiar-YK5509735.
    \50\ The Department of State, Announcement of Safe Mobility 
Office in Ecuador, Oct. 19, 2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
---------------------------------------------------------------------------

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 Fiscal Year 2023 (FY23), CBP 
encounters with Ecuadorians totaled 117,487 as compared to 24,936 
encounters in FY22, a 371% increase.\51\ In FY21, CBP encountered a 
total of 97,074 Ecuadorian nationals, and in all of FY20, CBP 
encountered 12,892 Ecuadorian nationals.\52\ 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 Ecuador to the 
United States.\53\
---------------------------------------------------------------------------

    \51\ CBP, Nationwide Encounters, https://www.cbp.gov/newsroom/stats/nationwide-encounters (last visited Nov. 2, 2023).
    \52\ Id.
    \53\ Genevieve Glatsky and Jos[eacute] Mar[iacute]a Le[oacute]n 
Cabrera, Security is the Main Worry as Ecuador Votes on Sunday. 
Here's What to Know, New York Times, Aug. 20, 2023, https://www.nytimes.com/2023/08/20/world/americas/ecuador-election-assassination-explainer.html; Genevieve Glatsky and Jos[eacute] 
Mar[iacute]a Le[oacute]n Cabrera, How Narco Traffickers Unleashed 
Violence and Chaos in Ecuador, New York Times, Aug 17, 2023, https://www.nytimes.com/2023/08/17/world/americas/ecuador-drug-trafficking-election.html?searchResultPosition=16; Gonzalo Solano and Michael 
Weissenstein, More Ecuadorians move to US, spared many others' 
hurdles, Associated Press, Apr. 2, 2023, https://apnews.com/article/ecuador-migrants-migration-us-immigration-policy-86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, More Ecuadorians 
leaving for US amid `burst in migration,' Aljazeera, Sep. 23, 2021, 
https://www.aljazeera.com/news/2021/9/23/more-ecuadorians-leaving-for-us-amid-burst-in-migration; Adriana P[eacute]rez and Alfredo 
Corchado, A heartbreaking exodus: More people from Ecuador feel 
forced to migrate to the U.S., The Dallas Morning News, Aug. 13, 
2021, https://www.dallasnews.com/news/immigration/2021/08/13/a-heartbreaking-exodus-more-people-from-ecuador-feel-forced-to-migrate-to-the-us/.
---------------------------------------------------------------------------

    Some beneficiaries of approved family-based immigrant visa 
petitions may have to wait many years for an immigrant visa to become 
available.\54\ While beneficiaries of this FRP process will still need 
to wait to apply to become an LPR, it 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 Ecuador 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.
---------------------------------------------------------------------------

    \54\ 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 
October 2023, Number 82, Volume X (Oct. 2023), https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html.
---------------------------------------------------------------------------

D. Reducing Strain on Limited U.S. Resources

    Increases in irregular migration from Ecuador have strained DHS's 
reception and processing capacity at the SWB. From FY20 to FY23, 
encounters of Ecuadorians at the SWB totaled approximately 252,389.\55\ 
By establishing a lawful pathway for some nationals of Ecuador and 
their immediate family members, on a case-by-case basis, to be paroled 
into the United States 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. This would thereby provide a 
significant public benefit by reducing the strain on border reception 
and processing capacity, including by diverting the processing of 
noncitizens to interior POEs.
---------------------------------------------------------------------------

    \55\ CBP, Nationwide Encounters, https://www.cbp.gov/newsroom/stats/nationwide-encounters (last visited Nov. 2, 2023).
---------------------------------------------------------------------------

    Paroling noncitizens through this process will be significantly 
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, preserving 
space and resources for managing irregular migration.
    Furthermore, by establishing a meaningful, near-term lawful pathway 
that certain noncitizens, if found to be eligible on a case-by-case 
basis, may choose to use in lieu of attempting to

[[Page 78768]]

enter the United States irregularly, the process could redirect such 
intending migrants away from irregular migratory routes that funnel 
money into TCOs. TCOs engaged in human smuggling along the route from 
the Northern Central America region to the United States earn hundreds 
of millions to billions of dollars each year from smuggling activities 
associated with irregular migration.\56\ 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.\57\ 
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.\58\ 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.
---------------------------------------------------------------------------

    \56\ 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.
    \57\ 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).
    \58\ Id.
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    DHS anticipates that this process will help minimize the burden on 
communities, state and local governments, and non-governmental 
organizations along the SWB. Beneficiaries will be required to fly at 
their own expense to an interior POE, rather than arriving at the SWB 
and transiting through border communities. Beneficiaries will only be 
authorized to come to the United States if they have a U.S.-based 
supporter who has agreed to receive them and provide basic needs, 
including housing support. Beneficiaries will also be immediately 
eligible to apply for employment authorization, enabling them to 
support themselves.

E. Addressing Root Causes of Migration Through Remittances

    The case-by-case parole into the United States of noncitizens under 
this FRP process will also serve a significant public benefit by aiding 
U.S. efforts to address economic insecurity in Ecuador, which is a key 
factor that drives out-migration.\59\ Unlike many noncitizens who 
irregularly migrate, noncitizens who are paroled into the United States 
through this process will be immediately eligible to apply for 
employment authorization that, if granted, they may maintain throughout 
the duration of their parole period, allowing them to support 
themselves and 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.\60\ Noncitizens with 
employment authorization 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.\61\
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    \59\ U.S. Department of State, Integrated Country Strategies--
Ecuador, Apr. 20, 2023, https://www.state.gov/wp-content/uploads/2022/07/ICS_WHA_Ecuador_Public-1.pdf; Gonzalo Solano and Michael 
Weissenstein, More Ecuadorians move to US, spared many others' 
hurdles, Associated Press, Apr. 2, 2023, https://apnews.com/article/ecuador-migrants-migration-us-immigration-policy-86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, More Ecuadorians 
leaving for US amid `burst in migration,' Aljazeera, Sept. 23, 2021, 
https://www.aljazeera.com/news/2021/9/23/more-ecuadorians-leaving-for-us-amid-burst-in-migration; Adriana P[eacute]rez and Alfredo 
Corchado, A heartbreaking exodus: More people from Ecuador feel 
forced to migrate to the U.S., The Dallas Morning News, Aug. 13, 
2021, https://www.dallasnews.com/news/immigration/2021/08/13/a-heartbreaking-exodus-more-people-from-ecuador-feel-forced-to-migrate-to-the-us/.
    \60\ 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/.
    \61\ 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).
---------------------------------------------------------------------------

    Additional remittances sent back to Ecuador, 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.\62\ In total, 
remittances sent to Ecuador amounted to $603.97 million in 2021, a 
significant contribution to development in communities in Ecuador.\63\ 
Remittances provide a crucial financial lifeline that enhances economic 
development and promotes economic stability for many individuals, 
families, and communities in Ecuador, impacting individual decisions on 
whether to leave the country. 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, noncitizens are more likely to turn to 
irregular migration in the short-term.
---------------------------------------------------------------------------

    \62\ 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; 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/.
    \63\ Statista, Personal remittances paid in Ecuador from 1999 to 
2021, https://www.statista.com/statistics/1390805/personal-
remittances-paid-ecuador/
#:~:text=The%20personal%20remittances%20paid%20in,have%20been%20subje
ct%20to%20fluctuation (last visited July 6, 2023). See also The 
World Bank, Data, GDP (current US$)--Ecuador, https://data.worldbank.org/indicator/NY.GDP.MKTP.CD?end=2021&locations=EC&start=2019 (last visited July 
31, 2023), which indicates that the 2021 GDP for Ecuador was 106.17 
billion US dollars.
---------------------------------------------------------------------------

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 
an Ecuadorian 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 an Ecuadorian 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

[[Page 78769]]

of an Ecuadorian principal beneficiary of an approved Form I-130, and 
separate requests 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 their parole by submitting Form I-134A online. 
Petitioners will also be required to provide evidence to verify the 
family relationships between the principal beneficiary of the Form I-
130 and all immediate family members of the principal beneficiary for 
whom the petitioner will be filing a request under this process. As 
part of the review process, the petitioner must pass security and 
background vetting, including for public safety, national security, 
human trafficking, and exploitation concerns.
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    \64\ In certain circumstances, such as if the beneficiary is no 
longer eligible for the Form I-130 (e.g., the petitioner is no 
longer an LPR or 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 Ecuador (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 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 under this process, a beneficiary must:
    <bullet> Be outside the United States;
    <bullet> Be the principal beneficiary (or a derivative beneficiary 
spouse or child) \65\ of an approved Form I-130, Petition for Alien 
Relative;
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    <bullet> Be a national of Ecuador or be a non-Ecuadorian derivative 
beneficiary spouse or child \66\ of an Ecuadorian principal 
beneficiary;
---------------------------------------------------------------------------

    \66\ Certain non-Ecuadorians may use this process if they are a 
derivative beneficiary of an Ecuadorian principal beneficiary and 
traveling with that Ecuadorian beneficiary.
---------------------------------------------------------------------------

    <bullet> Have a petitioning relative in the United States who 
received an invitation to initiate this FRP process on the 
beneficiary's behalf by filing a Form I-134A;
    <bullet> Have a U.S.-based petitioning relative who filed a Form I-
134A on the beneficiary's behalf that USCIS has vetted and confirmed;
    <bullet> Have not yet been issued an immigrant visa at the time the 
invitation is issued to the petitioning relative; and
    <bullet> 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 by CBP prior to issuance of advance authorization to 
travel to an interior POE to seek parole, as well as additional vetting 
and collection of additional biometrics at the POE by CBP upon 
inspection, 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 approvals of advance authorization to travel and parole 
determinations, DHS will consider a beneficiary to be ineligible for 
this process if the beneficiary has:
    <bullet> Crossed irregularly into the United States, between POEs, 
after November 16, 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);
    <bullet> Been interdicted at sea \67\ after November 16, 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.
---------------------------------------------------------------------------

    <bullet> 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\
---------------------------------------------------------------------------

    \68\ See, e.g., INA sec. 212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
---------------------------------------------------------------------------

    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 urgent humanitarian reasons or significant public 
benefit, 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 Ecuador. 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\
---------------------------------------------------------------------------

    \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 November 16, 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 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 may become ineligible for adjustment of status \72\ 
or for an immigrant visa \73\ as a result of

[[Page 78770]]

entering without inspection and not having been admitted or 
paroled.\74\
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    \70\ INA secs. 275 and 276, 8 U.S.C. 1325 and 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)(2), 8 U.S.C. 
1255(c)(2) (adjustment of status applicants are ineligible if they 
are in unlawful immigration status on the date of filing the 
application for adjustment of status or fail to maintain 
continuously a lawful status since entry into the United States); 
INA sec. 212(a), 8 U.S.C. 1182(a) (grounds of inadmissibility that, 
absent the granting of an available waiver, render applicants for 
adjustment of status ineligible).
    \73\ INA sec. 221(g), 8 U.S.C. 1201(g) (immigrant visa 
applicants are ineligible for immigrant visas if inadmissible under 
INA sec. 212(a), 8 U.S.C. 1182(a)); INA sec. 212(a), 8 U.S.C. 
1182(a) (grounds of inadmissibility that render applicants for 
immigrant visas ineligible).
    \74\ For example, an applicant for adjustment of status who 
previously accrued more than one year of unlawful presence, 
departed, and thereafter reentered the United States without 
admission or parole is inadmissible and ineligible for adjustment 
unless they apply for and obtain consent to reapply for admission 
from outside the United States after waiting ten years after their 
last departure from the United States. See INA sec. 
212(a)(9)(C)(i)(I), 8 U.S.C. 1182(a)(9)(C)(i)(I). In addition, an 
applicant for an immigrant visa who accrued more than 180 days of 
unlawful presence in the United States, departed (or is removed, as 
applicable), and again seeks admission (by filing an immigrant visa 
application) within 3 or 10 years of departure (or removal) is 
inadmissible and ineligible for an immigrant visa unless they apply 
for and obtain a waiver of inadmissibility. See INA sec. 
212(a)(9)(B), 8 U.S.C. 1182(a)(9)(B). Additionally, an applicant for 
an immigrant visa who was ordered removed, departed, and again seeks 
admission within certain periods of time thereafter is inadmissible 
and therefore ineligible for an immigrant visa unless they apply for 
and obtain consent to reapply for admission. See INA sec. 
212(a)(9)(A), 8 U.S.C. 1182(a)(9)(A).
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C. Processing Steps

    This FRP process will be implemented in light of lessons learned 
from the original CFRP and HFRP programs and will build on 
technological advancements and efficiencies developed since the 
inception of CFRP and HFRP. All steps of the process, except certain 
medical requirements, and 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 be permitted to 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 To Initiate This Process
    After receiving an invitation, the U.S.C. or LPR petitioner who 
filed the approved Form I-130 on behalf of the beneficiaries may submit 
a Form I-134A for each beneficiary with USCIS through the USCIS online 
system 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, then 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, then the 
beneficiary named on 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 USCIS 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 USCIS online 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 under this process 
and will be processed consistent with established policy and procedure. 
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

[[Page 78771]]

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 in the 
exercise of discretion for urgent humanitarian reasons or significant 
public benefit, parole will generally be granted for a period of up to 
three years, subject to satisfying applicable health and vetting 
requirements, and the parolee will be eligible to apply for employment 
authorization for the duration of the parole period.\76\
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    \76\ 8 CFR 274a.12(c)(11).
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    All of the steps in this process, including the decision to confirm 
or non-confirm the Form I-134A, as well as the decision whether to 
issue advance authorization to travel and the parole decision at the 
interior POE, are entirely discretionary and not subject to appeal on 
any grounds. Parole may be terminated upon notice at DHS discretion, 
and the noncitizen may be placed into removal proceedings and/or 
detained if, for example, the parolee fails to maintain the conditions 
of parole or other derogatory information emerges during the parole 
period.

D. Termination and No Private Rights

    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 process is being implemented as a matter of the 
Secretary's discretion, and the Secretary retains the sole discretion 
to terminate this FRP process at any point. It is not intended to, 
shall not be construed to, may not be relied upon to, and does not 
create any rights, privileges, benefits, substantive or procedural, 
enforceable by any party in any matter, civil or criminal, against the 
United States, its departments, agencies, or other entities, its 
officers or employees, or any other person.

VI. 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 or forms such as 
parole-related employment authorization applications. Beneficiaries who 
are paroled into the United States under this FRP process may have to 
wait before being authorized to work in the United States, depending on 
the amount of time it takes USCIS to process beneficiaries' requests 
for employment authorization.\77\ However, the impact of that waiting 
period is to some extent mitigated by the requirements of this process. 
Beneficiaries may not be paroled under this process unless their Form 
I-130 petitioner has filed on their behalf to initiate the FRP process, 
requesting to be a supporter and declaring their ability to financially 
support the beneficiary. As noted above, the petitioner must provide 
evidence to demonstrate their ability to support the beneficiary or 
must include similar evidence establishing that with the help of a co-
supporter, they have the financial means to support the beneficiary.
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    \77\ USCIS, Check Case Processing Times, https://egov.uscis.gov/processing-times/ (last visited Oct. 25, 2023). This website 
provides the approximate processing time a parolee can expect when 
filing Form I-765, Application for Employment Authorization.
---------------------------------------------------------------------------

    Although personnel and resources may be diverted from other similar 
processes and programs or for the adjudication of forms such as parole-
related employment authorization applications, participation in this 
process is by invitation only. DHS can adjust the number of invitations 
issued to alleviate pressure as resource limitations require. 
Therefore, for the processing of employment authorization applications, 
for example, the adjudication burden on USCIS can be controlled and 
limited as needed under this FRP process. 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. As explained in detail above, DHS has 
determined that there are significant public benefits of the case-by-
case parole of noncitizens under this process. DHS also recognizes 
there are costs that may be incurred, such as 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). 
Ultimately, DHS has determined that the significant public benefits of 
the case-by-case parole of noncitizens under this FRP process to the 
United States, and to other affected parties, including the reduction 
in irregular migration expected to be accomplished in connection with 
this process, justify 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.\78\
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    \78\ 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.
---------------------------------------------------------------------------

    Alternatively, as discussed below, a decision to forego 
establishing this process would adversely affect the United States' 
ability to negotiate for and request additional enforcement measures 
and increased cooperation from foreign partners with respect to 
removals and ensure continued collaboration on migration management. In 
addition, certain nationals of Ecuador still waiting for their 
immigrant visas to become available would remain separated from their 
family members for an extended period of time and could resort to 
irregular migration without this process. For any such Ecuadorian 
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 noncitizens living in the United States without 
authorization, unable to legally seek employment. The states in which 
they settle may be less likely to benefit from additional tax revenues 
and other positive economic contributions these noncitizens 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

    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.

[[Page 78772]]

    First, DHS is merely adopting a general statement of policy,\79\ 
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.'' \80\ 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.
---------------------------------------------------------------------------

    \79\ 5 U.S.C. 553(b)(A).
    \80\ 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.\81\ Courts have held that this exemption 
applies when the rule in question ``is clearly and directly involved in 
a foreign affairs function.'' \82\ 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.\83\
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    \81\ 5 U.S.C. 553(a)(1).
    \82\ See, e.g., Mast Indus. v. Regan, 596 F. Supp. 1567, 1582 
(C.I.T. 1984) (cleaned up).
    \83\ See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 (2d Cir. 
2008).
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    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 our 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, which 
facilitate access to lawful pathways to the United States and other 
countries, family reunification, and access to temporary work 
visas.\84\ Since the April 27, 2023 announcement,\85\ the United States 
has engaged in ongoing negotiations to implement the announced 
initiatives in close coordination with regional partners including 
establishing SMOs in Colombia, Guatemala, and Costa Rica as part of its 
strategy to manage migration collaboratively in the Western Hemisphere.
---------------------------------------------------------------------------

    \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.
    \85\ Id.
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    As with the four recently implemented FRP processes and the 
modernization of the CFRP and HFRP processes, delaying issuance and 
implementation of this process to undertake rulemaking would complicate 
broader discussions and ongoing negotiations with key foreign partners 
about migration management. Ongoing negotiations with regional partners 
involve the implementation of a range of new measures, including 
establishing SMOs in key locations throughout the Western Hemisphere to 
manage and reduce irregular migration and improve qualified 
noncitizens' 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 FRP processes that will benefit nationals in 
countries identified to host SMOs.
    Ecuador is committed to diminishing the flow of irregular migrants 
from Ecuador northward by imposing additional visa requirements for 
certain nationalities. To that end, Ecuador unilaterally has taken two 
very critical actions to prevent certain nationalities from abusing 
Ecuador's visa regime to irregularly travel to the Western Hemisphere. 
Ecuador passed new legislation imposing additional visa requirements on 
nationals arriving from Chad, Guinea-Bissau, Kyrgyzstan, Mauritania, 
Sierra Leone, Sudan, and South Sudan.\86\ The new law went into effect 
on August 3, 2023, and since then, all new travelers from the seven 
countries must have visas prior to arrival in Ecuador. These additional 
nationalities follow Ecuador's late 2022 decision to add visa 
requirements for nationals arriving from Albania, Tajikistan, and 
Uzbekistan.\87\ While Ecuador is taking this action unilaterally, 
representatives of the Government of Ecuador have emphasized the 
critical importance of availability of lawful pathways for Ecuadorian 
nationals, including labor pathways and processes for nationals of 
Ecuador to reunify with their family members in the United States.\88\ 
Similarly, Foreign Minister Gustavo Manrique shared with local press 
that Ecuador is negotiating with the United States on hosting SMOs and 
noted their position on family reunification and labor pathways for 
Ecuadorians.\89\ After months of negotiations, on October 19, the USG 
and the Government of Ecuador announced the establishment of SMOs in 
Ecuador.\90\ In DHS's judgment, the delay associated with a public 
rulemaking process involving notice and comment and a delayed effective 
date would negatively impact ongoing efforts to operationalize SMOs in 
Ecuador to channel migrants to lawful pathways.
---------------------------------------------------------------------------

    \86\ Ministry of Foreign Affairs of Ecuador, LISTA DE 
PA[Iacute]SES QUE DEBEN PRESENTAR VISA AL INGRESAR AL ECUADOR, 
https://www.cancilleria.gob.ec/2020/06/30/lista-de-paises-que-deben-presentar-visa-al-ingresar-al-ecuador/ (last visited Sept. 21, 
2023).
    \87\ Id.
    \88\ The Department of State, Quito PRM Regional Refugee 
Coordinator Report, 23 QUITO 648, July 21, 2023.
    \89\ Gustavo Manrique: ``Dialogamos con EE.UU. para que los 
migrantes puedan tener una reunificaci[oacute]n familiar'' (Gustavo 
Manrique: ``We are in dialogue with the US so that migrants can have 
family reunification''), July 10, 2023, https://www.ecuavisa.com/noticias/politica/gustavo-manrique-dialogamos-con-ee-uu-para-que-los-migrantes-puedan-tener-una-reunificacion-familiar-YK5509735.
    \90\ The Department of State, Announcement of Safe Mobility 
Office in Ecuador, Oct. 19, 2023, https://www.state.gov/announcement-of-safe-mobility-office-in-ecuador/.
---------------------------------------------------------------------------

    Such a delay would also be inconsistent with the dispatch with 
which DHS has appropriately implemented other FRP processes. Such 
processes support a series of efforts that the United States has been 
pursuing in the hemisphere to increase the availability of lawful 
pathways for migration and involve additional countries with 
destination pathways and as host countries for certain processing 
initiatives. The ability to implement such processes rapidly is 
critical for supporting the Administration's overall goals as part of 
these efforts, which include multi-faceted negotiations with a range of 
regional partners.
    For instance, 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

[[Page 78773]]

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, which will 
continue to remain a central topic of bilateral relations.\91\ 
Specifically, the United States stated its intention to welcome as many 
as 100,000 noncitizens from El Salvador, Guatemala, and Honduras under 
the FRP processes, while the Government of Mexico recognized the value 
in SMOs and is considering how it can contribute to their success.\92\ 
Mexico concurrently agreed to continue to implement the joint 
initiative whereby the United States provides a lawful pathway through 
parole for nationals of Cuba, Haiti, Nicaragua, and Venezuela, while 
Mexico would accept the return of certain third-country migrants on 
humanitarian grounds beyond the lifting of the Title 42 public health 
Order on May 11, 2023.\93\
---------------------------------------------------------------------------

    \91\ 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/.
    \92\ Id.
    \93\ Id.
---------------------------------------------------------------------------

    Similarly, on July 28, 2023, building on a series of successful 
lawful pathway initiatives the United States and the Government of 
Mexico agreed to launch last year,\94\ the United States announced 
additional steps to expand access to safe, orderly, and lawful pathways 
for migration.\95\ On July 28, the United States noted its full support 
to the Government of Mexico of efforts to establish international 
multipurpose space in Mexico to offer protection and labor pathways, 
including accepting refugee resettlement referrals to the U.S. Refugee 
Admissions Program from qualified noncitizens from Cuba, Haiti, 
Nicaragua, and Venezuela.\96\ The United States and the Government of 
Mexico are working to implement this new commitment to expand access to 
lawful pathways. As stated in the Federal Register Notices implementing 
family reunification processes for certain nationals of Colombia,\97\ 
El Salvador,\98\ Guatemala,\99\ and Honduras,\100\ a delay in 
implementation of the U.S. commitment on family reunification pathways 
risks undermining Mexico's commitments, which are critical to the U.S. 
foreign policy approach to migration management in the Western 
Hemisphere.
---------------------------------------------------------------------------

    \94\ See The White House, Remarks by President Biden and 
President L[oacute]pez Obrador of Mexico Before Bilateral Meeting, 
July 12, 2022, https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/07/12/remarks-by-president-biden-and-president-lopez-obrador-of-mexico-before-bilateral-meeting-2/.
    \95\ See The White House, Statement from National Security 
Advisor Jake Sullivan on Legal Pathways Initiative with Mexico, July 
28, 2023, https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/28/statement-from-national-security-advisor-jake-sullivan-on-legal-pathways-initiative-with-mexico/.
    \96\ Id.
    \97\ See Implementation of a Family Reunification Parole Process 
for Colombians, 88 FR 43591 (July 10, 2023).
    \98\ See Implementation of a Family Reunification Parole Process 
for Salvadorans, 88 FR 43611 (July 10, 2023).
    \99\ See Implementation of a Family Reunification Parole Process 
for Guatemalans, 88 FR 43581 (July 10, 2023).
    \100\ See Implementation of a Family Reunification Parole 
Process for Hondurans, 88 FR 43601 (July 10, 2023).
---------------------------------------------------------------------------

    Additionally, after a series of negotiations, on June 1, 2023, the 
United States and Guatemala issued a joint statement to commit to take 
a series of critical steps to humanely reduce irregular migration and 
expand lawful pathways under the L.A. Declaration.\101\ As the first 
step of a comprehensive program to manage irregular migration, both 
countries are implementing a six-month pilot phase of SMOs.\102\ These 
offices began accepting appointments on the website movilidadsegura.org 
on June 12, 2023.\103\ 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.\104\
---------------------------------------------------------------------------

    \101\ 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/.
    \102\ Id.
    \103\ Id.
    \104\ Id.
---------------------------------------------------------------------------

    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.\105\ The Safe Mobility initiative launched in Colombia 
on June 28, 2023, with SMOs currently operational in three cities 
throughout the country. SMOs in Colombia serve to facilitate access to 
lawful pathways to the United States and other countries, including 
expedited refugee processing and other humanitarian pathways.\106\ The 
U.S. government also reaffirmed its commitment to expand lawful 
pathways for Colombians with temporary work visas and expanded family 
reunification.\107\
---------------------------------------------------------------------------

    \105\ 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/.
    \106\ Id.
    \107\ 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, launched an exploratory 
six-month implementation of SMOs.\108\ SMOs in Costa Rica serve to 
facilitate access to lawful pathways to the United States and other 
countries, including expedited refugee processing and other 
humanitarian pathways.\109\ 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.\110\
---------------------------------------------------------------------------

    \108\ 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/.
    \109\ Id.
    \110\ Id.
---------------------------------------------------------------------------

    Overall, delaying issuance and implementation of this process to 
undertake rulemaking would complicate ongoing negotiations with the 
Government of Ecuador, specifically, and overall U.S. efforts to manage 
migration together with foreign partners. Because this FRP process 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 partner countries' multilateral and unilateral efforts, and 
in the case of Ecuador, putting at risk multiple efforts, including the 
United States' ability to continue SMO operations in Ecuador and 
Ecuador's willingness to unilaterally impose certain visa restrictions, 
which are critical to the U.S. foreign policy approach to migration 
management in the Western Hemisphere.
    Furthermore, the delay associated with implementing this process 
through notice-and-comment rulemaking would

[[Page 78774]]

adversely affect the United States' ability to negotiate for and 
request additional enforcement measures and increased cooperation with 
removals. In diplomatic engagements, regional partner countries have 
repeatedly requested additional lawful pathways 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. As 
encounters of Ecuadorians along the SWB have remained high compared to 
the same months last year, maintaining and expanding their cooperation 
on removals is necessary to effectively manage irregular migration. 
Demographics and dynamics are evolving and difficult to predict, 
requiring flexibility in the responses of all governments involved. 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 here 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.\111\ DHS similarly 
invoked the foreign affairs exemption more recently in connection with 
the CHNV parole processes \112\ and family reunification parole 
processes for certain nationals of Colombia, El Salvador, Guatemala, 
and Honduras announced on July 10, 2023.\113\
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    \111\ See Eliminating Exception To Expedited Removal Authority 
for Cuban Nationals Encountered in the United States or Arriving by 
Sea, 82 FR 4902 (Jan. 17, 2017).
    \112\ 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 1282 (Jan. 
9, 2023); Implementation of a Parole Process for Venezuelans, 87 FR 
63507 (Oct. 19, 2022).
    \113\ See DHS Announces Family Reunification Parole Processes 
for Colombia, El Salvador, Guatemala, and Honduras, July 17, 2023, 
https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala; 
Implementation of a Family Reunification Parole Process for 
Colombians, 88 FR 43591 (July 10, 2023); Implementation of a Family 
Reunification Parole Process for Salvadorans, 88 FR 43611 (July 10, 
2023); Implementation of a Family Reunification Parole Process for 
Guatemalans, 88 FR 43581 (July 10, 2023); and Implementation of a 
Family Reunification Parole Process for Hondurans, 88 FR 43601 (July 
10, 2023).
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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 Ecuadorians 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); the revision to the ATA collection will add Ecuador 
to the list of countries authorized to utilize ATA. USCIS and CBP have 
submitted, and OMB has approved, requests for emergency authorization 
for OMB approval of the required changes (under 5 CFR 1320.13) to Form 
I-134A and ATA for a period of 6 months. USCIS and CBP will issue 
respective Federal Register notices seeking comment on these 
changes.\114\
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    \114\ Per the normal clearance procedures at 5 CFR 1320.10(e).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-25313 Filed 11-15-23; 8:45 am]
BILLING CODE 9111-97-P; 9111-14-P