82 FR 38926 - Termination of the Central American Minors Parole Program

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 82, Issue 157 (August 16, 2017)

Page Range		38926-38927
FR Document		2017-16828

The Department of Homeland Security (DHS) is publishing this notice to notify the public that it will no longer provide special consideration of parole for certain individuals denied refugee status in El Salvador, Guatemala, and Honduras under the Central American Minors (CAM) Parole Program.

Federal Register, Volume 82 Issue 157 (Wednesday, August 16, 2017)

[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38926-38927]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-16828]

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DEPARTMENT OF HOMELAND SECURITY

[CIS No. 2604-17; DHS Docket No. USCIS-2017-0003]

Termination of the Central American Minors Parole Program

AGENCY: Department of Homeland Security.

ACTION: Notice.

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SUMMARY: The Department of Homeland Security (DHS) is publishing this
notice to notify the public that it will no longer provide special
consideration of parole for certain individuals denied refugee status
in El Salvador, Guatemala, and Honduras under the Central American
Minors (CAM) Parole Program.

DATES: Applicable August 16, 2017.

FOR FURTHER INFORMATION CONTACT: Maura Nicholson, Deputy Chief,
International Operations Division, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue NW,
Suite 3300, Washington, DC 20529, Telephone 202-272-1892. (This is not
a toll-free number.)

SUPPLEMENTARY INFORMATION:

Background

On December 1, 2014, DHS and the U.S. Department of State (DOS)
announced that the U.S. Government would allow certain minors in El
Salvador, Guatemala, and Honduras to be considered for refugee status
in the United States.\1\ This program, known as the CAM Refugee
Program, allows certain parents lawfully present in the United States
to request a refugee resettlement interview for unmarried children
under 21 years of age, and certain other eligible family members, in
Guatemala, El Salvador, or Honduras. The parent in the United States
must be lawfully present \2\ in order to request that his or her child
be provided access to the program and considered for refugee
resettlement. In general, under current immigration laws, only lawful
permanent residents and U.S. citizens can file family-based immigrant
visa petitions. Therefore, many of the qualifying parents under the
program are unable to file an immigrant petition for their in-country
relatives. INA 204(a); 8 U.S.C. 1154(a). As a result, most of the
beneficiaries of the program do not have another process under our
immigration laws to enter the United States. On November 15, 2016, the
program was expanded to include other qualifying relatives.\3\
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\1\ See DOS fact sheet, ``In-Country Refugee/Parole Program for
Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully
Present in the United States'' (Nov. 14, 2014), available at https://2009-2017.state.gov/j/prm/releases/factsheets/2014/234067.htm; see
also U.S. Citizenship and Immigration Services Web page, ``In-
Country Refugee/Parole Processing for Minors in Honduras, El
Salvador, and Guatemala (Central American Minors--CAM),'' available
at https://www.uscis.gov/CAM.
\2\ ``Lawful presence'' refers to presence in the United States
within a period of stay authorized by DHS and during which unlawful
presence is not accrued for purposes of potential inadmissibility
under INA sec. 212(a)(9)(B)-(C); 8 U.S.C. 1182(a)(9)(B)-(C). Note
that an individual may be ``lawfully present'' in the United States
without necessarily having ``lawful status'' (e.g., an individual
granted deferred enforced departure, see 8 CFR 274a.12(a)(11)). See,
e.g., Chaudry v. Holder, 705 F.3d 289, 292 (7th Cir. 2013)
(``[Unlawful presence and unlawful status are distinct concepts . .
. . It is entirely possible for aliens to be lawfully present (i.e.,
in a ``period of stay authorized by the [Secretary]'') even though
their lawful status has expired.''). Under the program, qualifying
parents include individuals who are at least 18 years of age and
lawfully present in the United States in the following categories:
lawful permanent resident status, temporary protected status,
parolee, deferred action, deferred enforced departure, or
withholding of removal.
\3\ Beginning with the program's inception in December 2014,
additional qualifying relatives have been able to gain access along
with the qualifying child. Unmarried children of the qualifying
child who are under 21 years of age can be included on the
qualifying child's refugee application as a derivative beneficiary.
The in-country parent of the qualifying child can also qualify for
access to the CAM program if the in-country parent is part of the
same household and economic unit as the qualifying child and is the
legal spouse of the qualifying parent who is lawfully present in the
United States. If the in-country parent who is legally married to
the qualifying parent has unmarried children under 21 years of age
who are not the children of the qualifying parent, these children
can be added as derivatives of the in-country parent.
In July 2016, the CAM program expanded to include the following
additional categories of relatives who are able to apply for
admission to the United States as refugees when accompanied by a
qualifying child: (1) The in-country biological parent of a
qualifying child who is not legally married to the qualifying parent
in the United States may apply, and the unmarried and under 21 years
of age children and/or legal spouse of the in-country parent can
also be included as derivatives of the in-country parent; (2) the
caregiver of a qualifying child who is related to either the
qualifying parent in the United States or the qualifying child may
apply, and the unmarried and under 21 years of age children and/or
legal spouse of the caregiver can also be included as derivatives of
the caregiver; (3) the married and/or 21 years of age or older
children of the qualifying parent (who is lawfully present in the
United States) may apply, and (4) the unmarried and under 21 years
of age children and legal spouse of the married and/or 21 years of
age or older child can also be included as derivatives. See
Department of State, Central American Minors (CAM) Program, https://www.state.gov/j/prm/ra/cam/index.htm. At the time of the program's
original announcement and later expansion, these qualifying
relatives of the qualifying child could also be considered for
parole on a case-by-case basis, if found ineligible for refugee
admission and the accompanying qualifying child received a positive
decision of refugee status or parole. The various categories of
individuals who may be afforded access to the CAM Refugee Program
are subject to change in accordance with the priorities of the U.S.
Refugee Program.
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Qualifying children who were denied refugee status under the CAM
Refugee Program were considered by U.S. Citizenship and Immigration
Services (USCIS), a component of DHS, for parole into the United States
on a case-by-case basis under the CAM Parole Program. A qualifying
child's accompanying parent, sibling, or child who was also denied
refugee status was also considered for parole into the United States on
a case-by-case basis under the program. If USCIS found a child to be
ineligible for refugee status, the decision notice informed the child
of whether he or she had been instead conditionally approved for parole
into the United States under the CAM Parole Program.
The Immigration and Nationality Act (INA) confers upon the
Secretary of Homeland Security the discretionary authority to parole
applicants for admission into the United States ``temporarily under
such conditions as [DHS] may prescribe only on a case-by-case basis for
urgent humanitarian reasons or significant public benefit,'' regardless
of the individuals' admissibility. INA sec. 212(d)(5)(A); 8 U.S.C.
1182(d)(5)(A); see 8 CFR 212.5(a) and (c) through (e) (discretionary
authority for establishing conditions of parole and for terminating
parole). Accordingly, parole determinations are made on a case-by-case
basis, taking into account each individual's unique circumstances.
In general, if USCIS favorably exercises its discretion to
authorize parole, either USCIS or DOS issues

[[Page 38927]]

travel documents to enable the applicant to travel to a U.S. port-of-
entry and request parole from U.S. Customs and Border Protection (CBP)
to join his or her family member. The ultimate determination whether to
parole an individual into the United States is made by CBP officers
upon the individual's arrival at a U.S. port of entry.
Unlike refugee status, parole does not lead to any immigration
status. Parole also does not constitute an admission to the United
States. INA secs. 101(a)(13)(B), 212(d)(5)(A); 8 U.S.C. 1101(a)(13)(B),
1182(d)(5)(A). Once an individual is paroled into the United States,
the parole allows the individual to stay temporarily in the United
States and to apply for employment authorization. See 8 CFR
274a.12(c)(11). The alien may stay in the United States unless and
until the parole is terminated. See 8 CFR 212.5(e).
The CAM Parole Program was established based on the Secretary's
discretionary parole authority and the broad authority to administer
the immigration laws. See INA secs. 103(a), 212(d)(5); 8 U.S.C.
1103(a), 1182(d)(5). DHS is rescinding the discretionary CAM parole
policy, which was instituted for ``significant public benefit''
reasons, of automatically considering parole for all individuals found
ineligible for refugee status under the in-country refugee program in
Guatemala, Honduras, or El Salvador. This discretionary change in
policy does not preclude such individuals from applying for parole
consideration independent of the CAM program by filing USCIS Form I-
131, Application for Travel Document, consistent with the instructions
for that form. Parole will only be issued on a case-by-case basis and
only where the applicant demonstrates an urgent humanitarian or a
significant public benefit reason for parole and that applicant merits
a favorable exercise of discretion. Any alien may request parole to
travel to the United States, but an alien does not have a right to
parole.
As of August 16, 2017, USCIS will no longer consider or authorize
parole under the CAM Parole Program. In addition, USCIS will notify
individuals who have been conditionally approved for parole under this
program and who have not yet traveled that the program has been
terminated and their conditional approval for parole has been
rescinded. As noted above, such individuals may apply for parole
consideration independent of the CAM program by filing USCIS Form I-
131, Application for Travel Document, consistent with the instructions
for that form.
Although DHS is terminating the CAM Parole Program, individuals who
have been paroled into the United States under the CAM Parole program
will maintain parole until the expiration of that period of parole
unless there are other grounds for termination of parole under DHS
regulations at 8 CFR 212.5(e). CAM parolees already in the United
States also may apply for re-parole on Form I-131 before their current
parole period expires or apply for any immigration status for which
they may be otherwise eligible. They are encouraged to submit any
requests for re-parole at least 90 days before expiration of their
period for parole. USCIS will consider each request for re-parole based
on the merits of each application and may re-parole individuals who
demonstrate urgent humanitarian reasons or a significant public
benefit.
The termination of the CAM Parole Program does not affect the CAM
Refugee Program and its operation.
General information about applying for parole by filing a Form I-
131 may be found at http://www.uscis.gov/humanitarianparole.

Elaine C. Duke,
Acting Secretary of Homeland Security.
[FR Doc. 2017-16828 Filed 8-15-17; 11:15 am]
BILLING CODE 9111-97-P

38926 Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices

conduct classroom visits. The Board the CAM Refugee Program, allows Qualifying children who were denied
will also engage in an annual report certain parents lawfully present in the refugee status under the CAM Refugee
writing session. Deliberations or voting United States to request a refugee Program were considered by U.S.
may occur as needed during the report resettlement interview for unmarried Citizenship and Immigration Services
writing session. children under 21 years of age, and (USCIS), a component of DHS, for
There will be a 10-minute comment certain other eligible family members, in parole into the United States on a case-
period after each agenda item and each Guatemala, El Salvador, or Honduras. by-case basis under the CAM Parole
speaker will be given no more than 2 The parent in the United States must be Program. A qualifying child’s
minutes to speak. Please note that the lawfully present 2 in order to request accompanying parent, sibling, or child
public comment period may end before that his or her child be provided access who was also denied refugee status was
the time indicated, following the last to the program and considered for also considered for parole into the
call for comments. Contact Ruth refugee resettlement. In general, under United States on a case-by-case basis
MacPhail to register as a speaker. current immigration laws, only lawful under the program. If USCIS found a
Meeting materials will be posted at permanent residents and U.S. citizens child to be ineligible for refugee status,
https://www.usfa.fema.gov/training/nfa/ can file family-based immigrant visa the decision notice informed the child
about/bov.html by August 14, 2017. petitions. Therefore, many of the of whether he or she had been instead
Dated: August 4, 2017. qualifying parents under the program conditionally approved for parole into
are unable to file an immigrant petition the United States under the CAM Parole
Kirby E. Kiefer,
for their in-country relatives. INA Program.
Deputy Superintendent, National Fire The Immigration and Nationality Act
Academy, United States Fire Administration, 204(a); 8 U.S.C. 1154(a). As a result,
most of the beneficiaries of the program (INA) confers upon the Secretary of
Federal Emergency Management Agency.
do not have another process under our Homeland Security the discretionary
[FR Doc. 2017–17299 Filed 8–15–17; 8:45 am]
immigration laws to enter the United authority to parole applicants for
BILLING CODE 9111–45–P admission into the United States
States. On November 15, 2016, the
program was expanded to include other ‘‘temporarily under such conditions as
qualifying relatives.3 [DHS] may prescribe only on a case-by-
DEPARTMENT OF HOMELAND case basis for urgent humanitarian
SECURITY reasons or significant public benefit,’’
Honduras With Parents Lawfully Present in the
[CIS No. 2604–17; DHS Docket No. USCIS– United States’’ (Nov. 14, 2014), available at https:// regardless of the individuals’
2017–0003] 2009–2017.state.gov/j/prm/releases/factsheets/ admissibility. INA sec. 212(d)(5)(A); 8
2014/234067.htm; see also U.S. Citizenship and
Immigration Services Web page, ‘‘In-Country
U.S.C. 1182(d)(5)(A); see 8 CFR 212.5(a)
Termination of the Central American and (c) through (e) (discretionary
Refugee/Parole Processing for Minors in Honduras,
Minors Parole Program El Salvador, and Guatemala (Central American authority for establishing conditions of
Minors—CAM),’’ available at https:// parole and for terminating parole).
AGENCY: Department of Homeland www.uscis.gov/CAM.
Security. 2 ‘‘Lawful presence’’ refers to presence in the
Accordingly, parole determinations are
United States within a period of stay authorized by made on a case-by-case basis, taking
ACTION: Notice.
DHS and during which unlawful presence is not into account each individual’s unique
SUMMARY: The Department of Homeland accrued for purposes of potential inadmissibility circumstances.
under INA sec. 212(a)(9)(B)–(C); 8 U.S.C. In general, if USCIS favorably
Security (DHS) is publishing this notice 1182(a)(9)(B)–(C). Note that an individual may be
to notify the public that it will no longer ‘‘lawfully present’’ in the United States without exercises its discretion to authorize
provide special consideration of parole necessarily having ‘‘lawful status’’ (e.g., an parole, either USCIS or DOS issues
for certain individuals denied refugee individual granted deferred enforced departure, see
8 CFR 274a.12(a)(11)). See, e.g., Chaudry v. Holder, relatives who are able to apply for admission to the
status in El Salvador, Guatemala, and 705 F.3d 289, 292 (7th Cir. 2013) (‘‘[Unlawful United States as refugees when accompanied by a
Honduras under the Central American presence and unlawful status are distinct concepts qualifying child: (1) The in-country biological
Minors (CAM) Parole Program. . . . . It is entirely possible for aliens to be lawfully parent of a qualifying child who is not legally
present (i.e., in a ‘‘period of stay authorized by the married to the qualifying parent in the United
DATES: Applicable August 16, 2017. [Secretary]’’) even though their lawful status has States may apply, and the unmarried and under 21
FOR FURTHER INFORMATION CONTACT: expired.’’). Under the program, qualifying parents years of age children and/or legal spouse of the in-
Maura Nicholson, Deputy Chief, include individuals who are at least 18 years of age country parent can also be included as derivatives
and lawfully present in the United States in the of the in-country parent; (2) the caregiver of a
International Operations Division, U.S. following categories: lawful permanent resident qualifying child who is related to either the
Citizenship and Immigration Services, status, temporary protected status, parolee, deferred qualifying parent in the United States or the
Department of Homeland Security, 20 action, deferred enforced departure, or withholding qualifying child may apply, and the unmarried and
Massachusetts Avenue NW, Suite 3300, of removal. under 21 years of age children and/or legal spouse
3 Beginning with the program’s inception in
Washington, DC 20529, Telephone 202– of the caregiver can also be included as derivatives
December 2014, additional qualifying relatives have of the caregiver; (3) the married and/or 21 years of
272–1892. (This is not a toll-free been able to gain access along with the qualifying age or older children of the qualifying parent (who
number.) child. Unmarried children of the qualifying child is lawfully present in the United States) may apply,
who are under 21 years of age can be included on and (4) the unmarried and under 21 years of age
SUPPLEMENTARY INFORMATION: the qualifying child’s refugee application as a children and legal spouse of the married and/or 21
derivative beneficiary. The in-country parent of the years of age or older child can also be included as
Background qualifying child can also qualify for access to the derivatives. See Department of State, Central
On December 1, 2014, DHS and the CAM program if the in-country parent is part of the American Minors (CAM) Program, https://
asabaliauskas on DSKBBXCHB2PROD with NOTICES

same household and economic unit as the www.state.gov/j/prm/ra/cam/index.htm. At the time
U.S. Department of State (DOS) qualifying child and is the legal spouse of the of the program’s original announcement and later
announced that the U.S. Government qualifying parent who is lawfully present in the expansion, these qualifying relatives of the
would allow certain minors in El United States. If the in-country parent who is qualifying child could also be considered for parole
Salvador, Guatemala, and Honduras to legally married to the qualifying parent has on a case-by-case basis, if found ineligible for
unmarried children under 21 years of age who are refugee admission and the accompanying qualifying
be considered for refugee status in the not the children of the qualifying parent, these child received a positive decision of refugee status
United States.1 This program, known as children can be added as derivatives of the in- or parole. The various categories of individuals who
country parent. may be afforded access to the CAM Refugee
1 See DOS fact sheet, ‘‘In-Country Refugee/Parole In July 2016, the CAM program expanded to Program are subject to change in accordance with
Program for Minors in El Salvador, Guatemala, and include the following additional categories of the priorities of the U.S. Refugee Program.

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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Notices 38927

travel documents to enable the consistent with the instructions for that the Federal Register on Friday, May 5,
applicant to travel to a U.S. port-of-entry form. 2017, for a 60-day public comment
and request parole from U.S. Customs Although DHS is terminating the period. No comments were received by
and Border Protection (CBP) to join his CAM Parole Program, individuals who DHS. The purpose of this notice is to
or her family member. The ultimate have been paroled into the United States allow an additional 30 days for public
determination whether to parole an under the CAM Parole program will comments.
individual into the United States is maintain parole until the expiration of DATES: Comments are encouraged and
made by CBP officers upon the that period of parole unless there are will be accepted until September 15,
individual’s arrival at a U.S. port of other grounds for termination of parole 2017. This process is conducted in
entry. under DHS regulations at 8 CFR accordance with 5 CFR 1320.1
Unlike refugee status, parole does not 212.5(e). CAM parolees already in the ADDRESSES: Interested persons are
lead to any immigration status. Parole United States also may apply for re- invited to submit written comments on
also does not constitute an admission to parole on Form I–131 before their the proposed information collection to
the United States. INA secs. current parole period expires or apply the Office of Information and Regulatory
101(a)(13)(B), 212(d)(5)(A); 8 U.S.C. for any immigration status for which Affairs, Office of Management and
1101(a)(13)(B), 1182(d)(5)(A). Once an they may be otherwise eligible. They are Budget. Comments should be addressed
individual is paroled into the United encouraged to submit any requests for to OMB Desk Officer, Department of
States, the parole allows the individual re-parole at least 90 days before Homeland Security and sent via
to stay temporarily in the United States expiration of their period for parole. electronic mail to dhsdeskofficer@
and to apply for employment USCIS will consider each request for re- omb.eop.gov.
authorization. See 8 CFR 274a.12(c)(11). parole based on the merits of each
application and may re-parole SUPPLEMENTARY INFORMATION: The
The alien may stay in the United States information collection activity provides
unless and until the parole is individuals who demonstrate urgent
humanitarian reasons or a significant a means to garner qualitative customer
terminated. See 8 CFR 212.5(e). and stakeholder feedback in an efficient,
The CAM Parole Program was public benefit.
The termination of the CAM Parole timely manner, in accordance with the
established based on the Secretary’s Administration’s commitment to
Program does not affect the CAM
discretionary parole authority and the improving service delivery. NPPD is
Refugee Program and its operation.
broad authority to administer the planning to submit this collection to
General information about applying
immigration laws. See INA secs. 103(a), OMB for approval. By qualitative
for parole by filing a Form I–131 may be
212(d)(5); 8 U.S.C. 1103(a), 1182(d)(5). feedback we mean information that
found at http://www.uscis.gov/
DHS is rescinding the discretionary provides useful insights on perceptions
humanitarianparole.
CAM parole policy, which was and opinions, but are not statistical
instituted for ‘‘significant public Elaine C. Duke, surveys that yield quantitative results
benefit’’ reasons, of automatically Acting Secretary of Homeland Security. that can be generalized to the
considering parole for all individuals [FR Doc. 2017–16828 Filed 8–15–17; 11:15 am] population of study.
found ineligible for refugee status under BILLING CODE 9111–97–P This feedback will provide insights
the in-country refugee program in into customer or stakeholder
Guatemala, Honduras, or El Salvador. perceptions, experiences and
This discretionary change in policy does DEPARTMENT OF HOMELAND expectations, provide an early warning
not preclude such individuals from SECURITY of issues with service, or focus attention
applying for parole consideration on areas where communication, training
independent of the CAM program by Agency Information Collection or changes in operations might improve
filing USCIS Form I–131, Application Activities: Generic Clearance for the delivery of products or services. These
for Travel Document, consistent with Collection of Qualitative Feedback on collections will allow for ongoing,
the instructions for that form. Parole Agency Service Delivery collaborative and actionable
will only be issued on a case-by-case AGENCY: National Protection and communications between NPPD and its
basis and only where the applicant Programs Directorate, DHS. customers and stakeholders. It will also
demonstrates an urgent humanitarian or ACTION: 30-Day notice and request for allow feedback to contribute directly to
a significant public benefit reason for comments; Extension, 1670–0027. the improvement of program
parole and that applicant merits a management.
favorable exercise of discretion. Any SUMMARY: As part of a Federal The solicitation of feedback will target
alien may request parole to travel to the Government-wide effort to streamline areas such as: timeliness,
United States, but an alien does not the process to seek feedback from the appropriateness, accuracy of
have a right to parole. public on service delivery, the information, courtesy, efficiency of
As of August 16, 2017, USCIS will no Department of Homeland Security service delivery, and resolution of
longer consider or authorize parole (DHS), National Protection and issues with service delivery. Responses
under the CAM Parole Program. In Programs Directorate (NPPD), Office of will be assessed to plan and inform
addition, USCIS will notify individuals the Chief Information Office (OCIO) has efforts to improve or maintain the
who have been conditionally approved submitted a Generic Information quality of service offered to the public.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

for parole under this program and who Collection Request (ICR): ‘‘Generic If this information is not collected, vital
have not yet traveled that the program Clearance for the Collection of feedback from customers and
has been terminated and their Qualitative Feedback on Agency Service stakeholders on the Directorate’s
conditional approval for parole has been Delivery’’ to the Office of Management services will be unavailable.
rescinded. As noted above, such and Budget (OMB) for review and NPPD will only submit a collection
individuals may apply for parole clearance in accordance with the for approval under this generic
consideration independent of the CAM Paperwork Reduction Act (PRA) of clearance if it meets the following
program by filing USCIS Form I–131, 1995. DHS previously published this conditions: (1) The collections are
Application for Travel Document, information collection request (ICR) in voluntary; (2) The collections are low-

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Document Created: 2017-08-16 10:27:16
Document Modified: 2017-08-16 10:27:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Applicable August 16, 2017.
Contact		Maura Nicholson, Deputy Chief, International Operations Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Suite 3300, Washington, DC 20529, Telephone 202-272-1892. (This is not a toll-free number.)
FR Citation		82 FR 38926