78762 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. CISA–2023–0012] 

Notice of President’s National 

Infrastructure Advisory Council 

Meeting 

AGENCY: Cybersecurity and 

Infrastructure Security Agency (CISA), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of open Federal Advisory 

Committee Act (FACA) meeting; request 

for comments. 

SUMMARY: CISA is publishing this notice 

to announce the following President’s 

National Infrastructure Advisory 

Council (NIAC) meeting. 

DATES: Meeting Registration: 

Registration is required to attend the 

meeting and must be received no later 

than 5 p.m. eastern standard time (EST) 

on December 6, 2023. For more 

information on how to participate, 

please contact NIAC@cisa.dhs.gov. 

Speaker Registration: Registration to 

speak during the meeting’s public 

comment period must be received no 

later than 5 p.m. EST on December 6, 

2023. 

Written Comments: Written comments 

must be received no later than 5 p.m. 

EST on December 6, 2023. 

Meeting Date: The NIAC will meet on 

December 12, 2023, from 1 p.m. to 4 

p.m. EST. The meeting may close early 

if the council has completed its 

business. 

ADDRESSES: The National Infrastructure 

Advisory Council’s open session will be 

held in-person at 1650 Pennsylvania 

Ave. NW, Washington, DC; however, 

members of the public may participate 

via teleconference only. Requests to 

participate will be accepted and 

processed in the order in which they are 

received. For access to the conference 

call bridge, information on services for 

individuals with disabilities, or to 

request special assistance, please email 

NIAC@cisa.dhs.gov by 5 p.m. EST on 

December 6, 2023. The NIAC is 

committed to ensuring all participants 

have equal access regardless of 

disability status. If you require a 

reasonable accommodation due to a 

disability to fully participate, please 

contact Celinda Moening at NIAC@

cisa.dhs.gov as soon as possible. 

Comments: The council will consider 

public comments on issues as listed in 

the SUPPLEMENTARY INFORMATION section 

below. Associated materials for 

potential discussions during the 

meeting will be available for review at 

https://www.cisa.gov/niac by December 

5, 2023. Comments should be submitted 

by 5:00 p.m. EST on December 6, 2023 

and must be identified by Docket 

Number CISA–2023–0012. Comments 

may be submitted by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Please follow the 

instructions for submitting written 

comments. 

• Email: NIAC@cisa.dhs.gov. Include 

the Docket Number CISA–2023–0012 in 

the subject line of the email. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and the Docket 

Number for this action. Comments 

received will be posted without 

alteration to www.regulations.gov, 

including any personal information 

provided. You may wish to read the 

Privacy & Security Notice which is 

available via a link on the homepage of 

www.regulations.gov. 

Docket: For access to the docket and 

comments received by the National 

Infrastructure Advisory Council, please 

go to www.regulations.gov and enter 

docket number CISA–2023–0012. 

A public comment period will take 

place from 2:30 p.m. to 2:40 p.m. 

Speakers who wish to participate in the 

public comment period must email 

NIAC@cisa.dhs.gov to register. Speakers 

should limit their comments to 3 

minutes and will speak in order of 

registration. Please note that the public 

comment period may end before the 

time indicated, depending on the 

number of speakers who register to 

participate. 

FOR FURTHER INFORMATION CONTACT: 

Celinda Moening, 571–532–4119, 

NIAC@cisa.dhs.gov. 

SUPPLEMENTARY INFORMATION: The NIAC 

is established under section 10 of E.O. 

13231 issued on October 16, 2001, as 

amended and continued under the 

authority of E.O. 14109, dated 

September 30, 2023. Notice of this 

meeting is given under the Federal 

Advisory Committee Act (FACA), 5 

U.S.C. Ch. 10 (Pub. L. 117–286). The 

NIAC provides the President, through 

the Secretary of Homeland Security, 

advice on the security and resilience of 

the Nation’s critical infrastructure 

sectors. 

Agenda: The National Infrastructure 

Advisory Council will meet in an open 

session on Tuesday, December 12, 2023, 

from 1 p.m. to 4 p.m. EST to discuss 

NIAC activities. The open session will 

include: (1) a period for public 

comment; (2) a keynote address on 

critical infrastructure security and 

resilience; (3) a report to the Council 

from the NIAC’s Electrification 

Subcommittee; (4) deliberation and vote 

on Electrification Subcommittee 

recommendations; and (5) Additional 

Topics Discussion. 

Dated: November 13, 2023. 

Celinda E. Moening, 

Alternate Designated Federal Officer, 

National Infrastructure Advisory Council, 

Cybersecurity and Infrastructure Security 

Agency, Department of Homeland Security. 

[FR Doc. 2023–25348 Filed 11–15–23; 8:45 am] 

BILLING CODE 9110–9P–P 

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. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78763 

1Throughout 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’’). 2See 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/FR2021-02-05/pdf/2021-02561.pdf; see also NSC, 

Collaborative Migration Management Strategy (July 

2021) https://www.whitehouse.gov/wp-content/ 

uploads/2021/07/Collaborative-MigrationManagement-Strategy.pdf. 3See E.O. 14010 at secs. 2, 4. 4See 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. 

5See NSC Collaborative Migration Management 

Strategy (July 2021), https://www.whitehouse.gov/ 

wp-content/uploads/2021/07/Collaborative- 

%20Migration-%20Management-%20Strategy. 

6Procedures for Credible Fear Screening and 

Consideration of Asylum, Withholding of Removal, 

and CAT Protection Claims by Asylum Officers, 87 

FR 18078 (Mar. 29, 2022). 

7The White House, Los Angeles Declaration on 

Migration and Protection (June 10, 2022), https://

www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/. 

8 Implementation of a Parole Process for 

Venezuelans, 87 FR 63507 (Oct. 19, 2022). 

9See id. 

10 Id. 

11See 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). 

12 88 FR 31314 (May 16, 2023). 

13See id. at 31325. 

14The 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-americanminors-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 

Continued 

Supporter and Declaration of Financial 

Support, for this process on November 

16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rena ́ Cutlip-Mason, Chief, 

Humanitarian Affairs Division, Office of 

Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, by mail at 5900 

Capital Gateway Drive, Camp Springs, 

MD 20746, or by phone at 800–375– 

5283. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This notice describes the 

implementation of a new parole process 

for certain 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. 

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

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

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

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

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 


lotter on DSK11XQN23PROD with NOTICES1
78764 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

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/jointstatement-by-the-u-s-department-of-state-and-u-sdepartment-of-homeland-security-on-theexpansion-of-access-to-the-central-americanminors-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). 

15See DHS, Fact Sheet, U.S. Government 

Announces Sweeping New Actions to Manage 

Regional Migration (Apr. 27, 2023), https://

www.dhs.gov/news/2023/04/27/fact-sheet-usgovernment-announces-sweeping-new-actionsmanage-regional-migration; 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-colombiajoint-commitment-to-address-the-hemisphericchallenge-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-statementfrom-the-united-states-and-guatemala-onmigration/; See United States Department of State, 

U.S.-Colombia Joint Commitment to Address the 

Hemispheric Challenge of Irregular Migration (June 

4, 2023), https://www.state.gov/u-s-colombia-jointcommitment-to-address-the-hemispheric-challengeof-irregular-migration/; See The White House, 

Readout of Principal Deputy National Security 

Advisor Jon Finer’s Meeting with Colombian 

Foreign Minister Alvaro Leyva (June 11, 2023), 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2023/06/11/readout-ofprincipal-deputy-national-security-advisor-jonfiners-meeting-with-colombian-foreign-ministeralvaro-leyva/; See United States Department of 

State, U.S.-Costa Rica Joint Commitment to Address 

the Hemispheric Challenge of Irregular Migration 

(June 12, 2023), https://www.state.gov/u-s-costarica-joint-commitment-to-address-the-hemisphericchallenge-of-irregular-migration/; See The 

Department of State, Announcement of Safe 

Mobility Office in Ecuador, Oct. 19, 2023, https:// 

www.state.gov/announcement-of-safe-mobilityoffice-in-ecuador/. 

16While 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 nonagricultural worker visas under the supplemental 

cap. Most recently, on December 15, 2022, DHS and 

DOL jointly published a temporary final rule 

increasing the number of H–2B nonimmigrant visas 

by up to 64,716 for the entirety of FY 2023. See 

Exercise of Time-Limited Authority to Increase the 

Numerical Limitation for FY 2023 for the H–2B 

Temporary Nonagricultural Worker Program and 

Portability Flexibility for H–2B Workers Seeking to 

Change Employers, 87 FR 76816 (Dec. 15, 2022). 

20,000 of these H–2B visas are reserved for 

nationals of El Salvador, Guatemala, Honduras, and 

Haiti. Id. DHS and DOL similarly exercised this 

authority in other recent FYs, with specific 

allocations for NCA countries. See Exercise of 

Time-Limited Authority To Increase the Numerical 

Limitation for Second Half of FY 2022 for the H– 

2B Temporary Nonagricultural Worker Program and 

Portability Flexibility for H–2B Workers Seeking To 

Change Employers, 87 FR 30334 (May 18, 2022) 

(authorizing the issuance of no more than 35,000 

additional H–2B visas during the second half of FY 

2022, of which 11,500 H–2B visas were reserved for 

nationals of El Salvador, Guatemala, Honduras, and 

Haiti); Exercise of Time-Limited Authority to 

Increase the Fiscal Year 2022 Numerical Limitation 

for the H–2B Temporary Nonagricultural Worker 

Program and Portability Flexibility for H–2B 

Workers Seeking to Change Employers, 87 FR 4722 

(Jan. 28, 2022) (DHS and DOL authorized an 

additional 20,000 H–2B visas, of which 6,500 were 

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). 

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). 

19See 8 CFR 212.5(c). 

20See 8 CFR 212.5(e). 

21See 8 CFR 274a.12(c)(11). 

22See 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. 

24See Implementation of Haitian Family 

Reunification Parole Program, 79 FR 75581 (Dec. 

18, 2014) (‘‘By expanding existing legal means for 

Haitians to immigrate, the HFRP Program serves a 

significant public benefit by promoting safe, legal, 

and orderly migration to the United States. 

Furthermore, it supports U.S. goals for Haiti’s longterm reconstruction and development.’’). 

25See 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). 

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

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

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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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78765 

26See 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). 

27For 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-october2023.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. 

online, processing steps implemented 

for the four new FRP processes.26

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 caseby-case basis at an interior POE. 

Noncitizens paroled into the United 

States under this FRP process will 

generally be paroled for up to three 

years, consistent with the 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. 

By facilitating quicker reunification of 

USCs and LPRs with their family 

members in the United States, this FRP 

process will improve the social and 

economic stability and well-being of 

these families as well as their 

communities at large. Additionally, 

facilitating reunification in the shortterm through a lawful, safe, and orderly 

pathway will provide the significant 

public benefit of promoting the 

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. 


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28See The White House, Los Angeles Declaration 

on Migration and Protection, June 10, 2022, https:// 

www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/. 

29Trilateral Joint Statement, April 11, 2023, 

https://www.dhs.gov/news/2023/04/11/trilateraljoint-statement. 

30See The White House, Joint Statement from the 

United States and Guatemala on Migration (June 1, 

2023), https://www.whitehouse.gov/briefing-room/ 

statements-releases/2023/06/01/joint-statementfrom-the-united-states-and-guatemala-onmigration/; United States Department of State, U.S.- 

Colombia Joint Commitment to Address the 

Hemispheric Challenge of Irregular Migration (June 

4, 2023), https://www.state.gov/u-s-colombia-jointcommitment-to-address-the-hemispheric-challengeof-irregular-migration/; The White House, Readout 

of Principal Deputy National Security Advisor Jon 

Finer’s Meeting with Colombian Foreign Minister 

Alvaro Leyva (June 11, 2023), https://

www.whitehouse.gov/briefing-room/statementsreleases/2023/06/11/readout-of-principal-deputynational-security-advisor-jon-finers-meeting-withcolombian-foreign-minister-alvaro-leyva/; 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-toaddress-the-hemispheric-challenge-of-irregularmigration/. 

31See The White House, Mexico and United 

States Strengthen Joint Humanitarian Plan on 

Migration, May 2, 2023, https://

www.whitehouse.gov/briefing-room/statementsreleases/2023/05/02/mexico-and-united-statesstrengthen-joint-humanitarian-plan-on-migration/. 

32See DHS, Trilateral statement on joint 

commitment to Latin America, May 3, 2023, https:// 

www.dhs.gov/news/2023/05/03/trilateral-statementjoint-commitment-latin-america. 

33See 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/statementsreleases/2023/07/28/statement-from-nationalsecurity-advisor-jake-sullivan-on-legal-pathwaysinitiative-with-mexico/. 

34The White House, Los Angeles Declaration on 

Migration and Protection (June 10, 2022), https://

www.whitehouse.gov/briefing-room/statementsreleases/2022/06/10/los-angeles-declaration-onmigration-and-protection/. 

35 Id. 

36 Id. 

37See 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’’). 

38See 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. 

39Trilateral Joint Statement, Apr. 11, 2023, 

https://www.dhs.gov/news/2023/04/11/trilateraljoint-statement. 

40See id. 

41See 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-jblinken-and-secretary-of-homeland-securityalejandro-mayorkas-at-a-joint-press-availability/. 

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 Darie ́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. 

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. 

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

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. 


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42See id. 

43See id. 

44U.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. 

45Ministry of Foreign Affairs of Ecuador, LISTA 

DE PAI ́SES QUE DEBEN PRESENTAR VISA AL 

INGRESAR AL ECUADOR, https://www.cancilleria.

gob.ec/2020/06/30/lista-de-paises-que-debenpresentar-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. 

47See supra note 41. 

48The 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-losangeles-declaration-implementation-launch/. 

49See, 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 reunificacio ́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-quelos-migrantes-puedan-tener-una-reunificacionfamiliar-YK5509735. 

50The Department of State, Announcement of 

Safe Mobility Office in Ecuador, Oct. 19, 2023, 

https://www.state.gov/announcement-of-safemobility-office-in-ecuador/. 

51CBP, Nationwide Encounters, https://

www.cbp.gov/newsroom/stats/nationwideencounters (last visited Nov. 2, 2023). 

52 Id. 

53 Genevieve Glatsky and Jose ́ Marı ́a Leo ́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-electionassassination-explainer.html; Genevieve Glatsky 

and Jose ́ Marı ́a Leo ́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?searchResult

Position=16; Gonzalo Solano and Michael 

Weissenstein, More Ecuadorians move to US, 

spared many others’ hurdles, Associated Press, Apr. 

2, 2023, https://apnews.com/article/ecuadormigrants-migration-us-immigration-policy86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, 

More Ecuadorians leaving for US amid ‘burst in 

migration,’ Aljazeera, Sep. 23, 2021, https://

www.aljazeera.com/news/2021/9/23/moreecuadorians-leaving-for-us-amid-burst-in-migration; 

Adriana Pe ́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.dallas

news.com/news/immigration/2021/08/13/aheartbreaking-exodus-more-people-from-ecuadorfeel-forced-to-migrate-to-the-us/. 

54See 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/visalaw0/visa-bulletin/2024/visa-bulletin-for-october2023.html. 

55CBP, Nationwide Encounters, https://

www.cbp.gov/newsroom/stats/nationwideencounters (last visited Nov. 2, 2023). 

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

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

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 genderbased 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

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. 

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 caseby-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. 

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 


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56Homeland 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-sheetcounter-human-smuggler-campaign-update-dhsled-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. 

59U.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/ecuadormigrants-migration-us-immigration-policy86a8009efa8d357e7cb4dc0cff40fb52; Vincent Ricci, 

More Ecuadorians leaving for US amid ‘burst in 

migration,’ Aljazeera, Sept. 23, 2021, https://

www.aljazeera.com/news/2021/9/23/moreecuadorians-leaving-for-us-amid-burst-in-migration; 

Adriana Pe ́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-fromecuador-feel-forced-to-migrate-to-the-us/. 

60See generally, e.g., National Academies of 

Sciences, Engineering, and Medicine, ‘‘The 

Economic and Fiscal Consequences of Immigration’’ 

(2017), https://nap.nationalacademies.org/catalog/ 

23550/the-economic-and-fiscal-consequences-ofimmigration; Chair Cecilia Rouse, Lisa Barrow, 

Kevin Rinz, and Evan Soltas, The White House 

Blog: The Economic Benefits of Extending 

Permanent Legal Status to Unauthorized 

Immigrants (Sept. 17, 2021), https://

www.whitehouse.gov/cea/blog/2021/09/17/theeconomic-benefits-of-extending-permanent-legalstatus-to-unauthorized-immigrants/. 

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). 

62Pew Research Center, Remittances from Abroad 

are major economic assets for some developing 

countries (Jan. 29, 2018), https://

www.pewresearch.org/fact-tank/2018/01/29/ 

remittances-from-abroad-are-major-economicassets-for-some-developing-countries/; see also 

NSC, U.S. Strategy for Addressing the Root Causes 

of Migration in Central America (July 2021) https:// 

www.whitehouse.gov/wp-content/uploads/2021/07/ 

Root-Causes-Strategy.pdf; 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/. 

63Statista, Personal remittances paid in Ecuador 

from 1999 to 2021, https://www.statista.com/ 

statistics/1390805/personal-remittances-paidecuador/#:∼:text=The%20personal%

20remittances%20paid%

20in,have%20been%20subject%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. 

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. 

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. 

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 outmigration.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

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. 

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 


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65See 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. 

66Certain non-Ecuadorians may use this process 

if they are a derivative beneficiary of an Ecuadorian 

principal beneficiary and traveling with that 

Ecuadorian beneficiary. 

67For 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. 

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

1182(a)(9)(A). 

69See 6 U.S.C. 279(g)(2) (defining 

‘‘unaccompanied alien child’’). 

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). 

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. 

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: 

• Be outside the United States; 

• Be the principal beneficiary (or a 

derivative beneficiary spouse or 

child) 65 of an approved Form I–130, 

Petition for Alien Relative; 

• Be a national of Ecuador or be a 

non-Ecuadorian derivative beneficiary 

spouse or child 66 of an Ecuadorian 

principal beneficiary; 

• 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; 

• Have a U.S.-based petitioning 

relative who filed a Form I–134A on the 

beneficiary’s behalf that USCIS has 

vetted and confirmed; 

• Have not yet been issued an 

immigrant visa at the time the invitation 

is issued to the petitioning relative; and 

• Have an unexpired passport valid 

for international travel, or possess 

alternative acceptable documentation as 

described in the invitation letter issued 

to the petitioning relative. 

In addition, each beneficiary must 

undergo and pass national security and 

public safety vetting and must 

demonstrate that they otherwise merit a 

favorable exercise of discretion by DHS. 

This includes vetting 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: 

• 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); 

• Been interdicted at sea 67 after 

November 16, 2023; or 

• Been ordered removed from the 

United States within the prior five years 

or is subject to a bar to admissibility 

based on a prior removal order.68

DHS also will consider other factors 

in making discretionary determinations 

consistent with long-standing policy 

and practice. 

Each beneficiary must demonstrate 

that a grant of parole is warranted based 

on 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

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 


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74For 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). 

75Air 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. 

entering without inspection and not 

having been admitted or paroled.74

C. Processing Steps 

This FRP process will be 

implemented in light of lessons learned 

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 caseby-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. 

Step 6: Beneficiary Seeks Parole at the 

POE 

CBP will inspect each beneficiary 

arriving at an interior POE under this 

process and consider each individual, 

on a case-by-case basis, for a grant of 

discretionary parole for a period of up 

to three years. 

Upon arrival at the interior POE, the 

beneficiary will be required to submit 

additional biometrics to DHS, including 

another photograph and fingerprints. 

This biometric information will support 

additional vetting against available 

databases to inform an independent 

determination by CBP officers as to 

whether parole is warranted on a caseby-case basis and whether the 

beneficiary merits a favorable exercise 

of discretion. 

A beneficiary who is determined to 

pose a national security or public safety 

threat will generally be denied parole 

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 


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76 8 CFR 274a.12(c)(11). 

77USCIS, 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. 

78See, e.g., National Academies of Sciences, 

Engineering, and Medicine, ‘‘The Economic and 

Fiscal Consequences of Immigration’’ (2017), 

https://nap.nationalacademies.org/catalog/23550/ 

the-economic-and-fiscal-consequences-ofimmigration. 

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

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. 

Although personnel and resources 

may be diverted from other similar 

processes and programs or for the 

adjudication of forms such as parolerelated 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 caseby-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

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 noticeand-comment rulemaking and delayed 

effective date requirements on multiple 

grounds and is therefore amenable to 

immediate issuance and 

implementation. 


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79 5 U.S.C. 553(b)(A). 

80See Lincoln v. Vigil, 508 U.S. 182, 197 (1993) 

(quoting Chrysler Corp. v. Brown, 441 U.S. 281,302 

n.31 (1979)). 

81 5 U.S.C. 553(a)(1). 

82See, e.g., Mast Indus. v. Regan, 596 F. Supp. 

1567, 1582 (C.I.T. 1984) (cleaned up). 

83See, e.g., Rajah v. Mukasey, 544 F.3d 427, 437 

(2d Cir. 2008). 

84See DHS, Fact Sheet: U.S. Government 

Announces Sweeping New Actions to Manage 

Regional Migration, Apr. 27, 2023, https://

www.dhs.gov/news/2023/04/27/fact-sheet-usgovernment-announces-sweeping-new-actionsmanage-regional-migration. 

85 Id. 

86Ministry of Foreign Affairs of Ecuador, LISTA 

DE PAI ́SES QUE DEBEN PRESENTAR VISA AL 

INGRESAR AL ECUADOR, https://

www.cancilleria.gob.ec/2020/06/30/lista-de-paisesque-deben-presentar-visa-al-ingresar-al-ecuador/ 

(last visited Sept. 21, 2023). 

87 Id. 88The 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 

reunificacio ́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/gustavomanrique-dialogamos-con-ee-uu-para-que-losmigrantes-puedan-tener-una-reunificacion-familiarYK5509735. 

90The Department of State, Announcement of 

Safe Mobility Office in Ecuador, Oct. 19, 2023, 

https://www.state.gov/announcement-of-safemobility-office-in-ecuador/. 

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, caseby-case parole decisions. 

Second, even if this process were 

considered to be a legislative rule that 

would normally be subject to 

requirements for notice-and-comment 

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

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. 

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. 

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 multifaceted 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 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78773 

91See Mexico and United States Strengthen Joint 

Humanitarian Plan on Migration, May 2, 2023, 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2023/05/02/mexico-and-unitedstates-strengthen-joint-humanitarian-plan-onmigration/. 

92 Id. 

93 Id. 

94See The White House, Remarks by President 

Biden and President Lo ́pez Obrador of Mexico 

Before Bilateral Meeting, July 12, 2022, https://

www.whitehouse.gov/briefing-room/speechesremarks/2022/07/12/remarks-by-president-bidenand-president-lopez-obrador-of-mexico-beforebilateral-meeting-2/. 

95See 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/statementsreleases/2023/07/28/statement-from-nationalsecurity-advisor-jake-sullivan-on-legal-pathwaysinitiative-with-mexico/. 

96 Id. 

97See Implementation of a Family Reunification 

Parole Process for Colombians, 88 FR 43591 (July 

10, 2023). 

98See Implementation of a Family Reunification 

Parole Process for Salvadorans, 88 FR 43611 (July 

10, 2023). 

99See Implementation of a Family Reunification 

Parole Process for Guatemalans, 88 FR 43581 (July 

10, 2023). 

100See Implementation of a Family Reunification 

Parole Process for Hondurans, 88 FR 43601 (July 10, 

2023). 

101See The White House, Joint Statement from 

the United States and Guatemala on Migration (June 

1, 2023), https://www.whitehouse.gov/briefingroom/statements-releases/2023/06/01/jointstatement-from-the-united-states-and-guatemalaon-migration/. 

102 Id. 

103 Id. 

104 Id. 

105See United States Department of State, U.S.- 

Colombia Joint Commitment to Address the 

Hemispheric Challenge of Irregular Migration (June 

4, 2023), https://www.state.gov/u-s-colombia-jointcommitment-to-address-the-hemispheric-challengeof-irregular-migration/. See The White House, 

Readout of Principal Deputy National Security 

Advisor Jon Finer’s Meeting with Colombian 

Foreign Minister Alvaro Leyva (June 11, 2023), 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2023/06/11/readout-ofprincipal-deputy-national-security-advisor-jonfiners-meeting-with-colombian-foreign-ministeralvaro-leyva/. 

106 Id. 

107 Id. 

108See United States Department of State, U.S.- 

Costa Rica Joint Commitment to Address the 

Hemispheric Challenge of Irregular Migration (June 

12, 2023), https://www.state.gov/u-s-costa-ricajoint-commitment-to-address-the-hemisphericchallenge-of-irregular-migration/. 

109 Id. 

110 Id. 

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

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. 

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

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

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

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 


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78774 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

111See Eliminating Exception To Expedited 

Removal Authority for Cuban Nationals 

Encountered in the United States or Arriving by 

Sea, 82 FR 4902 (Jan. 17, 2017). 

112See 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). 

113See 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-announcesfamily-reunification-parole-processes-colombia-elsalvador-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). 

114Per the normal clearance procedures at 5 CFR 

1320.10(e). 

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

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

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 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7075–N–14] 

60-Day Notice of Proposed Information 

Collection: Evaluation of Cohort 1 of 

the Moving to Work Demonstration 

Program Expansion OMB Control No.: 

2528–0328 

AGENCY: Office of Policy Development 

and Research, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for 60 days of public 

comment. 

DATES: Comments Due Date: January 16, 

2024. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. 

Written comments and 

recommendations for the proposed 

information collection can be submitted 

within 60 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting, 

‘‘Currently under 60-day Review—Open 

for Public Comments’’ or by using the 

search function. Interested persons are 

also invited to submit comments 

regarding this proposal by name and/or 

OMB Control Number and can be sent 

to: Anna Guido, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Room 8210, Washington, DC 

20410–5000 or email at 

PaperworkReductionActOffice@

hud.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anna Guido, Reports Management 

Officer, Department of Housing and 

Urban Development, 451 7th Street SW, 

Washington, DC 20410; email; 

Anna.P.Guido@hud.gov; telephone (202) 

402–5535 (this is not a toll-free 

number). HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech or communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

Copies of available documents 

submitted to OMB may be obtained 

from Ms. Guido. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD is 

seeking approval from OMB for the 

information collection described in 

Section A. 

A. Overview of Information Collection 

Title of Information Collection: 

Evaluation of Cohort 1 of the Moving to 

Work Demonstration Program 

Expansion. 

OMB Approval Number: 2528–0328. 

Type of Request: Extension of 

currently approved collection. 

Form Number: N/A. 

Description of the need for the 

information and proposed use: The 

Office of Policy Development and 

Research (PD&R), at the U.S. 

Department of Housing and Urban 

Development (HUD), is proposing this 

collection of information for the 


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