Emergency Memo

Emergency Memo - CBP ATA 7-7-23 CBP Signed.pdf

Advance Travel Authorization (ATA)

Emergency Memo

OMB: 1651-0143

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1300 Pennsylvania Avenue, NW
Washington, DC 20229

July 7, 2023
TO:

Richard Revesz, Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH: Elizabeth Cappello ELIZABETH A CAPPELLO
Deputy Chief Information Officer
Department of Homeland Security

Digitally signed by ELIZABETH A
CAPPELLO
Date: 2023.07.07 15:07:44 -04'00'

FROM:

Matthew S. Davies
Executive Director, Admissibility & Passenger Programs
U.S. Customs and Border Protection

SUBJECT:

Emergency Approval Request for Expansion of Use of the Advance Travel
Authorization Capability for the Family Reunification Parole Processes under the
Paperwork Reduction Act

This memorandum requests an emergency approval to revise the existing collection of
information under the Paperwork Reduction Act (PRA) for U.S. Customs and Border
Protection’s (CBP) Advance Travel Authorization (ATA) capability to collect certain
information, including photographs, in advance of travel. At the direction of the Department of
Homeland Security (DHS), CBP plans to expand ATA capability to include Cuban Family
Reunification Parole (CFRP) and Haitian Family Reunification Parole (HFRP) programs, as well
as newly established Family Reunification Parole (FRP) processes for certain Colombian,
Salvadoran, Guatemalan, and Honduran beneficiaries of approved Form I-130, Petition for Alien
Relative. This information collection was established through an emergency approval, on
October 18, 2022 under OMB Control Number 1651-0143, for collection of information from
certain undocumented noncitizens from Venezuela. On January 4, 2023, another emergency
request expanded this collection to include certain undocumented noncitizens from Nicaragua,
Cuba, and Haiti, and to remove the previously approved numerical cap for noncitizens from
Venezuela.
This emergency approval will allow DHS to work with its interagency partners to allow certain
noncitizens from Cuba, Haiti, Colombia, El Salvador, Guatemala, and Honduras and, in some
cases, certain qualifying immediate family members, to submit information through the recently
developed CBP ATA capability within the CBP OneTM application as part of the process to

request an advance authorization to travel to the United States to seek a discretionary grant of
parole. There is no numerical cap on the number of noncitizens from these six countries who
may apply for this process, however, participation will be limited to those individuals who meet
certain DHS established criteria, including possession of a valid, unexpired passport or other
authorized documentation, as well as having an approved U.S.-based supporter. Pending Office
of Management and Budget (OMB) approval, this functionality may expand to CFRP, HFRP and
the additional four FRPs as early as July 10, 2023.
The information collected through this emergency request will allow DHS to vet noncitizens
who may otherwise present themselves for inspection at a southwest land border POE, or enter
the United States between POEs, without any prior vetting. The advance vetting affords the
noncitizen the opportunity to book international travel to arrive near their intended United States
destination address and, as a result, is expected to reduce the strain on CBP resources at the
southwest land border and across the region. Importantly, the processes will also advance the
Administration’s foreign policy goals by demonstrating U.S. partnership and 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.
DHS is implementing these updated and new FRP processes consistent with Executive Order
(EO) 14010 Section 3(b)(ii)1 and the Collaborative Migration Management Strategy issued by
the National Security Council (NSC).1
Emergency Justification
DHS is requesting an emergency information collection revision under 5 CFR 1320.13, with the
intention of carrying out all the regular requirements for publication and review after
implementation. These processes and the related information collection changes are urgently
needed to make available additional lawful pathways as an alternative to irregular migration to
help relieve pressure at the Southwest Border (SWB) by providing a mechanism for which to
make case-by-case decisions on granting parole based on urgent humanitarian needs or
significant public benefit. This approach is consistent with the U.S. national interest and its
foreign policy priorities.
DHS requests an emergency approval to expand the existing ATA data collection to allow CBP
to collect certain biographic and biometric information from individuals from Cuba, Haiti,
Colombia, El Salvador, Guatemala, and Honduras to request an advance authorization to travel
to the United States to seek a discretionary grant of parole under the FRP process. DHS will
1

Executive Order 14010, Creating a Comprehensive Regional Framework to Address the Causes of Migration, To
Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum
Seekers at the United States Border, Sec. 3(b)(ii) (Feb. 2, 2021), https://www.govinfo.gov/content/pkg/FR-2021-0205/pdf/2021-02561.pdf, directed the Secretary of Homeland Security to consider the promotion of “family unity by
exercising the Secretary’s discretionary parole authority to permit certain nationals of the Northern Triangle who
are the beneficiaries of approved family-sponsored immigrant visa petitions to join their family members in the
United States, on a case-by-case basis.”
1
National Security Council, Collaborative Migration Management Strategy (July 2021)
https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.

soon be publishing accompanying Federal Register Notices (FRNs) to announce and establish
the FRP processes for nationals of Colombia, El Salvador, Guatemala, and Honduras to support
this effort. DHS will also publish information explaining the updates to the family reunification
programs for nationals of Cuba and Haiti.
The agency cannot reasonably comply with the normal clearance procedures under the PRA
because delayed implementation may further raise pressure on U.S. border operations and the
migration management conducted by our foreign partners, and could jeopardize our relations
with foreign partners.
The FRP processes represent one part of the United States’ ongoing efforts to engage
hemispheric partners to increase their efforts to collaboratively manage irregular migration. The
expansion of lawful pathways for noncitizens to enter the United States is necessary to ensure
partners’ continued collaboration on migration issues, including the ability of the United States
to meet other immigration-management priorities.
After implementation of the revised collection to expand the respondent group, CBP will
undergo the normal PRA revision process, beginning with a 60-day notice for public comment as
described at 5 CFR 1320.10, within 45 days of approval. After publication of the FRNs required
under the PRA, DHS will address comments and concerns as necessary and submit the
information collection to OMB for three-year approval within the required timeframe.
Thank you for your consideration of this Emergency Request.


File Typeapplication/pdf
AuthorRENKEMA, SETH D
File Modified2023-07-07
File Created2023-07-07

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