Introduction

On September 3, 2019, the Department of Homeland Security (DHS) published a notice in the Federal Register (FR) titled “Rescission of Discretionary Parole Policies Relating to Nationals of the Russian Federation Seeking Entry Into Guam and/or the Commonwealth of the Northern Mariana Islands for a Temporary Visit for Business or Pleasure” [84 FR 46029-46031 (Sep. 3, 2019)]. The DHS is providing notice that effective October 3, 2019, it is ending a special parole program for nationals of the Russian Federation to enter Guam and the Commonwealth of the Northern Mariana Islands (CNMI) for 45 days without a visa. The program had been in effect for visits to CNMI since 2009 and for visits to Guam since 2012. Going forward, Russian nationals will have to obtain a visa to visit CNMI or Guam, although parole may still be granted on a case-by-case basis with no special consideration for Russian nationals. In this post, we will examine the DHS’s decision.

Program Background

On November 28, 2019, then-Secretary of Homeland Security Janet Napolitano enacted a policy to provide favorable consideration for parole for nationals of Russia seeking to enter CNMI as a temporary visitor for business or pleasure. The policy was extended to visits to Guam on January 12, 2015. The policies allowed certain Russian nationals to visit CNMI and Guam as visitors for business or pleasure for a period of up to 45 days without a visa. These policies were justified on the basis of the Secretary of Homeland Security’s discretionary parole authority under section 212(d)(5) of the Immigration and Nationality Act (INA).

Reasons for Rescission

On January 25, 2017, President Donald Trump issued an Executive Order instructing the DHS to ensure that the parole authority is exercised only on a case-by-case basis, in accord with the language of section 212(d)(5) of the INA [PDF version]. After reviewing the special parole policy for Russian nationals seeking to visit CNMI and Guam, Acting Secretary of Homeland Security Kevin McAleenan determined that the program “effectively … invited nationals of Russia to seek parole to visit Guam and the CNMI rather than having them obtain visas.” As a result, “the parole authority effectively has been used as a substitute for the visa process.”

Beyond President Trump’s directive to terminate categorical parole programs, the DHS also noted that the Guam-CNMI parole program for Russian nationals had originally been implemented as a temporary measure while the U.S. Government considered whether Russia should be included as a participating country in the Guam-CNMI Visa Waiver Program, codified at section 212(l)(3) of the INA. Russia has not been considered eligible for the Guam-CNMI Visa Waiver Program in the ten years since then-Secretary Napolitano created the parole program for Russians seeking to visit the CNMI.

The DHS also noted that parole under the Guam-CNMI parole program for Russian nationals “has been exercised far too expansively.” For example, in 2012, 99-percent of all Russian visitors to Guam were parolees under the program, and 85-percent of Russian visitors to Guam in 2017 were parolees. In 2010, 90-percent of Russian visitors to the CNMI were parolees, whereas 82-percent of Russian visitors to the CNMI were parolees in 2017. In FY 2012, the first year the program was extended to Guam, 26 Russian visitors overstayed their parole. That number jumped to 147 in FY 2017. The DHS acknowledged that the number of overstays was low relative to the total number of Russian parolees, but added that “the increase in overstays is in and of itself a security concern for DHS.”

DHS’s View of Benefit of Ending the Program

The DHS stated that it viewed requiring Russians seeking to visit the CNMI or Guam to undergo screening through the regular visa application process as enhancing U.S. safety and national security. While the DHS acknowledged that certain businesses in Guam and the CNMI may suffer as a result of the termination of the parole program, and that certain Russian nationals may be inconvenienced by the termination, these negative effects will be mostly offset by the availability of B1 and B2 visitor visas for Russian nationals who would have previously been paroled into Guam. Furthermore, it noted that B1 and B2 visas are generally valid for 180 days instead of 45, and come with fewer restrictions than parole under the soon-to-terminated Guam-CNMI parole program for Russian nationals.

Effective Date

The policies underpinning the Guam-CNMI parole program for Russian nationals will be formally rescinded on October 3, 2019. As a result, U.S. Customs and Border Protection (CBP) “will no longer give favorable consideration to parole requests simply because the individual is a national of Russia seeking to enter CNMI or Guam for tourism or a business visit.” The DHS advises Russians seeking to visit CNMI or Guam after October 3, 2019, to consider applying for a B1 or B2 visa from a U.S. Embassy or Consulate. The DOS notes that Russian nationals are not barred from applying for parole to visit CNMI, Guam, or any other part of the United States, by filing a Form I-131, Application for Travel Document. Parole may be granted on a case-by-case basis where the applicant demonstrates either an urgent humanitarian need or a significant public benefit reason for the favorable exercise of discretion.

Individuals who are in CNMI or Guam under a grant of parole under the Guam-CNMI parole program for Russian nationals on October 3, 2019, will not be affected. They may remain in CNMI or Guam until the expiration of their 45-day period of parole, absent there being other grounds for the termination of their parole.

Conclusion

The termination of the Guam-CNMI parole program for Russian nationals will require Russian nationals seeking to visit CNMI or Guam for business or pleasure to apply for a B1 or B2 visa at a U.S. Embassy or Consulate. As the DHS noted, this may inconvenience Russian visitors who previously were able to benefit under the parole program. However, B1 and B2 visas are generally valid for four times longer than the 45-day period of parole allowed under the Guam-CNMI parole program, and come with somewhat fewer restrictions. Russians seeking to visit Guam, CNMI, or any other part of the United States in the future may consult with an experienced immigration attorney for guidance on how to go about applying for a visa.

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