Emergency Memo

Emergency Memo - CBP ATA November 2023.pdf

Advance Travel Authorization (ATA)

Emergency Memo

OMB: 1651-0143

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November 9, 2023
MEMORANDUM FOR:

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

THROUGH:

Digitally signed by ERIC
Eric Hysen
ERIC N
N HYSEN
Date: 2023.11.13
Chief Information Officer
HYSEN
08:45:50 -08'00'
Department of Homeland Security
signed by
MATTHEW S Digitally
MATTHEW S DAVIES
Date: 2023.11.09
Matthew S. Davies DAVIES
12:52:21 -05'00'
Executive Director, Admissibility & Passenger Programs
U.S. Customs and Border Protection

FROM:

SUBJECT:

Emergency Approval Request for Expansion of Use of the
Advance Travel Authorization Capability for the Family
Reunification Parole Processes for Nationals of Ecuador 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 the newly
established Family Reunification Parole (FRP) process for certain Ecuadorian 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. On July 11, 2023, another emergency
request expanded this collection to include certain undocumented noncitizens from Cuba, Haiti,
Honduras, El Salvador, Colombia, and Guatemala as part of the newly established FRP
processes.
This emergency approval will allow DHS to work with its interagency partners to allow certain
noncitizens from Ecuador 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 Ecuador 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 the Ecuador FRP as early as October 18, 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 process 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 this new FRP process for Ecuadorians consistent with 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 Ecuador to request
an advance authorization to travel to the United States to seek a discretionary grant of parole
under the FRP process. DHS will soon be publishing an accompanying Federal Register notice
to announce and establish the FRP process for nationals of Ecuador to support this effort.
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

1

National Security Council, Collaborative Migration Management Strategy (July 2021)
https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf.

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 Federal
Register notice 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
File TitleEmergency Memo - CBP ATA 11-09-23 Ecuador (002).pdf
AuthorRENKEMA, SETH D
File Modified2023-11-13
File Created2023-11-13

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