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cuban adjustment without parole

Under the Cuban Refugee Adjustment Act of 1966, a native or citizen of Cuba, who has been inspected, admitted, or paroled into the United States after January 1, 1959, and has been present in the United States for more than one year, may apply for permanent residency. [62] In FY 2023, Cuban nationals have represented 16.5 percent of all unique encounters at the SWB, the second largest origin group. Second, the parole of illegally arriving Cubans was supplemented in 1966 by enactment of the Cuban Adjustment Act. Any effort to meaningfully address the crisis in Cuba will require continued efforts by these and other regional partners. DHS may terminate parole in its discretion at any time. documents in the last year, 37 The program (Cuban Medical Professional Parole Program, CMPP), was repealed by the United States on January 12, 2017. . 89-732, after one year in the U.S. 112. the date of eligibility as some individuals without status may receive parole after they arrive in the United States. v. An Immigration Judge has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. See, e.g., Nader 25. documents in the last year, by the Rural Utilities Service More information about both collections can be viewed at That willingness could be impacted by the delay associated with a public rulemaking process involving advance notice and comment and a delayed effective date. www.reginfo.gov. L. No. San Antonio Report, 89-732 (1966) . 89. 553(a)(1). All other countries accounted for an average of 5 percent of total SWB encounters in FY 2010-FY 2013, and for 10 percent of total encounters in FY 2014-FY 2019. L. No. Beneficiaries are required to fly at their own expense to an interior POE, rather than arriving at the SWB. . Start Printed Page 1274 This process satisfies both standards. [108], Third, 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 https://www.state.gov/migration-talks-with-the-government-of-cuba-2/. Through the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) is able to use its parole authority. OneTM. This spending is in addition to $1.4 billion in additional FY 2022 appropriations that were designated for SWB enforcement and processing capacities. The number of Venezuelans attempting to enter Panama through the Darin Gapan inhospitable jungle that spans between Panama and Colombiawas down from 40,593 in October 2022 to just 668 in November.[5]. Beneficiaries must follow all applicable requirements, as determined by DHS's Chief Medical Officer, in consultation with the Centers for Disease Control and Prevention, with respect to health and travel, including vaccination and/or testing requirements for diseases including COVID-19, polio, and measles. and stakeholders in the border region have expressed concern that shelters will eventually reach full bed space capacity and not be able to host any new arrivals. Beneficiaries who receive advance authorization to travel to the United States to seek parole into the United States will be responsible for arranging and funding their own commercial air travel to an interior POE of the United States. IACHR, Annual Report 2021Chapter IV.BCuba, p.678, June 2, 2022, developer tools pages. Reuters, Nicaragua Eliminates Visa Requirement for Cubans, November 23, 2021, [92] It was enacted by the US government on November 2, 1966 in order to help Cuban citizens fleeing that country. [45], According to a Human Rights Watch report, the GOC also committed extensive human rights violations in response to massive anti-government protests in July 2021 with the apparent goal of punishing protesters and deterring future demonstrations. As part of confirming eligibility in their myUSCIS account, individuals who seek authorization to travel to the United States will need to confirm that they meet public health requirements, including certain vaccination requirements. These Migration Talks provide an opportunity for important discussions on mutual compliance with the Migration Accordscomposed of a series of binding bilateral agreements between the United States and Cuba signed in 1984, 1994, 1995, and 2017which establish certain commitments of the United States and Cuba relating to safe, legal, and orderly migration. . As described above, Cuban nationals make up a significant and growing number of those encountered seeking to cross between POEs irregularly. In 2017, multiple parole programs were terminated. 2. By incentivizing individuals to seek a safe, orderly means of traveling to the United States through the creation of an alternative pathway to the United States, while imposing additional consequences to irregular migration, DHS assesses this process could lead to a meaningful drop in encounters of Cuban individuals along the SWB and at sea. A limited number of removal flights will not, absent other efforts, impose a deterrent to Cuban nationals seeking to cross, unauthorized, into the United States. The Venezuelan parole process has been open since Oct. 18, 2022. This new collection will be used for the Cuban parole process, and is being revised in connection with this notice, including by increasing the burden estimate. Each document posted on the site includes a link to the Id. Second, (last viewed Dec. 11, 2022). Prior to 2013, the overall share of encounters who were processed for expedited removal and claimed fear averaged less than 2 percent annually. It has long been recognized that agencies may use the good cause exception, and need not take public comment in advance, where significant public harm would result from the notice-and-comment Id. Overall, the Department's experience has been that in some circumstances when public announcements have been made regarding changes in our immigration laws and procedures that would restrict access to immigration benefits to those attempting to enter the United States along the U.S.-Mexico land border, there have been dramatic increases in the numbers of noncitizens who enter or attempt to enter the United States. (last visited Dec. 17, 2022). DHS Memorandum from Alejandro N. Mayorkas, Secretary of Homeland Security, to Interested Parties, You did not have to live with him or be married to him when he won his case. The period of parole has expired without being renewed. As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, (Apr. A number of cases follow this logic in the context of economic regulation.[114]. CBP, Fact Sheet: Counter Human Smuggler Campaign Updated (Oct. 6, 2022), We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. The rule is that the two of you must be residing together and married when you apply. Many Afghans paroled into the United States in 2021 and 2022 are seeking to reunify with family members left behind in Afghanistan or who are residing in third countries. The CAA provides a special path for nationals of Cuba to apply for adjustment of status and receive the green card. (last visited Dec. 18, 2022). INA sec. 441 U.S. 281, 302 n.31 (1979)). The announcement of this new process followed detailed consideration of a wide range of relevant facts and alternatives, as reflected in the Secretary's decision memorandum dated December 22, 2022. documents in the last year, 1479 Migrant Truck Crashes in Mexico Killing 54 The U.S. Government is engaged in a multi-pronged, regional strategy to address the challenges posed by irregular migration. DHS anticipates that this process will help minimize the burden on communities, state and local governments, and NGOs who support the reception and onward travel of migrants arriving at the SWB. Id. daily Federal Register on FederalRegister.gov will remain an unofficial https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/ As part of the inspection, beneficiaries will undergo additional screening and vetting, to include additional fingerprint biometric vetting consistent with CBP inspection processes. https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s [51], The government's repression and inability to address the underlying shortages that inspired those lawful demonstrations have generated a human rights and humanitarian crisis that is driving Cubans from the country. However, Cubans who were not paroled into the United States may only file an application for a work permit concurrently with their applications for a green card. 70. 443 F.3d 890, 908 (D.C. Cir. 279(g)(2). 553(d)(3). Several organizations reported countrywide internet outages, followed by erratic connectivity, including restrictions on social media and messaging platforms. The U.S. should verify the contents of the documents against a final, official 1. Id. The White House, In addition, a potential beneficiary is ineligible for advance authorization to travel to the United States as well as parole under this process if that person: has 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;[99], is under 18 and not traveling through this process accompanied by a parent or legal guardian, and as such is a child whom the inspecting officer would determine to be an unaccompanied child.[100]. headings within the legal text of Federal Register documents. (Dec. 9, 2021), Citizenship and Immigration Services, Parole Process for Certain Cuban Nationals (Dec. 22, 2022). Despite an improvement of relations with Cuba, the CAA is alive and well, and many Cubans continue to be eligible to adjust under its parameters. [101] Eligibility for Work Permit: Cubans who were paroled into the United States are eligible to apply for work permits immediately after being paroled into the United States. The monthly average of 31,394 unique Cuban nationals is a 76 percent increase over the FY 2022 monthly average. Federal Register. [52 FR 48802, Dec. 28 . In response to a class action complaint filed in Rabelo v. Mayorkas, 1:21-cv-23213-BB (S.D. More information and documentation can be found in our ) and shall not exceed 30,000 each month in the aggregate. 52. Created in 2007, the Cuban Family Reunification Parole (CFRP) Program allows certain eligible U.S. citizens and lawful permanent residents to apply for parole for their family members in Cuba. It is not intended to and does not create any rights, substantive or procedural, enforceable by any party in any matter, civil or criminal. corresponding official PDF file on govinfo.gov. Due to staff reductions at the U.S. Embassy in Havana, Cuba, the U.S. In FY 2022, DHS encountered about 213,709 unique Cuban nationals at the SWB, a seven-fold increase over FY 2021 rates, and a marked 29-fold increase over FY 2020. an untimely Form I-290B, with fee or Form I-912, for a period of one year from February 23, 2022, the date of the USCIS notice. In FY 2022, Del Rio and Yuma sectors encountered over double (137 percent increase) the number of migrants as compared to FY 2021, a fifteen-fold increase over the average for FY 2014-FY 2019, in part as a result of the sharp increase in Cuban nationals being encountered there.[60]. [78] Reuters, 2, 518-536 (Sept. 1999). After completing Step 3, the beneficiary will receive a notice in their myUSCIS account confirming whether CBP has, in CBP's discretion, provided the beneficiary with advance authorization to travel to the United States to seek a discretionary grant of parole on a case-by-case basis. In an effort to decompress sectors that are experiencing surges, DHS deploys lateral transportation, using buses and flights to move noncitizens to other sectors that have additional capacity to process. According to OIS analysis of CBP data, Mexican nationals continued to account for 89 percent of total SWB encounters in FY 2010, with Northern Central Americans accounting for 8 percent and all other nationalities for 3 percent. [71] OMB has recently approved a new collection, Form I-134A, Online Request to be a Supporter and Declaration of Financial Support (OMB control number 1615-NEW). 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. Federal Register 1182(d)(5)(A), and as a matter of discretion upon inspection, will be processed under an appropriate processing pathway and may be referred to ICE for detention. The complete reasons for the Secretary's decision are included in that memorandum. [37] 03/01/2023, 239 95. Those who are not granted asylum or any other immigration benefits during this two-year parole period generally will need to depart the United States prior to the expiration of their authorized parole period or will be placed in removal proceedings after the period of parole expires. These can be useful Register, and does not replace the official print version or the official Between 2013 and 2018, the share rose from 8 to 20 percent, before dropping with the surge of family unit encounters in 2019 (most of whom were not placed in expedited removal) and the onset of T42 expulsions in 2020. Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. 212(d)(5)(A), 8 U.S.C. Implementation of a Parole Process for Venezuelans, 87 FR 63507 (Oct. 19, 2022). Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, 1255 note), for which they may be eligible, and to work and contribute to the United States. DHS assesses that without additional and more immediate consequences imposed on those who seek to do so, together with a safe and orderly process for Cubans to enter the United States, without making the journey to the SWB, the numbers will continue to grow. As defined in 6 U.S.C. DHS assesses that there is good cause to find that the delay associated with implementing this process through notice-and-comment rulemaking and with a delayed effective date would be contrary to the public interest and impracticable. 93. (last visited Dec. 16, 2022). Id. The head of the U.S. Department of Homeland Security on Monday defended a parole process that allows up to 30,000 Haitians, Cubans, Nicaraguans and Venezuelans monthly to come to the United States . 13. On April 25, 2022, USCIS opened a new process, Uniting for Ukraine, which allows displaced Ukrainians outside the United States to apply for advance permission to travel to the United States and be paroled. Amnesty International received reports of the GOC deploying the military and police to repress these protests as well as reports of arbitrary detention. documents in the last year, 1408 At current rates, a delay of just a few months to conduct notice-and-comment rulemaking would effectively forfeit an opportunity to reduce and divert migrant flows in the near term, harm border security, and potentially result in scores of additional migrant deaths. The CAA provides that a Cuban who has been paroled into the country will automatically be granted legal permanent refugee status one year after entry as long as criminal or other deportable acts have not been committed by the Cuban. operating in Cuba, and more modest processing throughput mean that additional pathways are required to meet the current and acute border security and irregular migration mitigation objective. (last visited Sept. 25, 2022). Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. An alien who arrives at a port-of-entry and applies for parole into the United States for the sole purpose of seeking adjustment of status under section 245A of the Act, without benefit of advance authorization as described in paragraph (f) of this section shall be denied parole and detained for removal in accordance with the provisions of 6. on (h) Effect of parole of Cuban and Haitian nationals. What Is The Cuban Adjustment Act? Adriana Gomez Licon, Associated Press, Situation `dire' as Coast Guard seeks 38 missing off Florida, Jan. 26, 2022, Sept. 21, 2022, advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. If granted parole, these family members can come to the United States before their immigrant visas become available. 100. Human smugglers continue to use unseaworthy, overcrowded vessels that are piloted by inexperienced mariners. 60. 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. OIS analysis of CBP subject-level data and OIS Persist Dataset based on data through November 30, 2022. v. [57], The impact has been particularly acute in certain border sectors. Still others who were intending to migrate north are staying where they are to apply for this parole process. At the same time, between 2013 and 2021, among those placed in expedited removal, the share making fear claims increased from 16 to 82 percent. The beneficiary must then enter limited biographic information into CBP One and submit a live photo. For now, the GOM has indicated it is prepared to make an independent decision to accept the return or removal of Cuban nationals. documents in the last year, 940 Key allies in the regionincluding specifically the Governments of Mexico, Honduras, Guatemala, and Costa Ricaare affected by the increased movement of Cuban nationals and have been seeking greater U.S. action to address these challenging flows for some time. It is well established that migrants may change their behavior in response to perceived imminent changes in U.S. immigration policy[115] . Courts have held that this exemption applies when the rule in question is clearly and directly involved in a foreign affairs function.[105] Deepening poverty, exacerbated by the COVID-19 pandemic, has led to food shortages and rolling blackouts, and continues to batter the economy. Like the Venezuela process, the Cuba process will require a significant expansion of opportunities for return or removal, to include the GOM's acceptance of Cuban nationals encountered attempting to irregularly enter the United States without authorization between POEs. USCG also added two MH-60 helicopters to respond to increased maritime migration flows in FY 2022. In January 2022, the Coast Guard located a capsized vessel with a survivor clinging to the hull. Fulfill Important Foreign Policy Goals To Manage Migration Collaboratively in the Hemisphere, IV. Cuban Adjustment Act (CAA) Any Cuban who was admitted or paroled may, after one year of physical presence, apply for . See, e.g., Mack Trucks, Inc. Questions and inquiries can be sent to national@cliniclegal.org. INA sec. 118. [46] [6] Collaborative Migration Management Strategy, the organizations exploit migrants for profit, often bringing them across inhospitable deserts, rugged mountains, and raging rivers, often with small children in tow. 73. U.S.-based supporters will submit USCIS Form I-134A online on behalf of a beneficiary to demonstrate that they can support the beneficiary for the duration of their temporary stay in the United States. v. Enter your Department of State case number for your . by the Housing and Urban Development Department This new process helps achieve these goals by providing an immediate and temporary orderly process for Cuban nationals to lawfully enter the United States while we work to improve conditions in Cuba and expand more permanent lawful immigration pathways in the region, including refugee processing and other lawful pathways into the United States and other Western Hemisphere countries. 35. In FY 2022, DHS expelled 4,710 Cuban nationals to Mexico, equivalent to 2 percent of Cuban encounters for the year.[56]. without admission or parole and those who enter without inspection), (f)(3) (explaining that noncitizens interdicted at sea are applicants for admission); but see 8 C.F.R. 19. Many Afghans paroled into the United States in 2021 and 2022 are seeking to reunify with family members left behind in Afghanistan or who are residing in third countries. USCG and interagency consent-based interviews suggest that human-smuggling networks and migrants consider the attempts worth the risk. Servicio Nacional de Migracin de Panam, Irregulares en Trnsito Frontera Panam-Colombia 2022, OIS analysis of OIS Persist Dataset based on data through November 30, 2022. CNN, As noted above, section 212(d)(5)(A) of the INA confers upon the Secretary of Homeland Security 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.[69]. Supporters are required to undergo vetting to identify potential human trafficking or other concerns. Cuban Adjustment Act, (1966), Pub.L. INA sec. July 1, 2021, Implementation of the parole process is contingent on the GOM's independent decision to accept the return of Cuban nationals who voluntarily depart the United States, those who voluntarily withdraw their applications for admission, and those subject to expedited removal who cannot be removed to Cuba or elsewhere. Trends and Flows: Increase of Cuban Nationals Arriving at the Southwest Border, 4. These vessels often lack any safety equipment, including but not limited to: personal flotation devices, radios, maritime global positioning systems, or vessel locator beacons. Pub. This process is modeled on the Venezuela processas informed by the way that similar incentive and disincentive structures successfully decreased the number of Venezuelan nationals making the dangerous journey to and being encountered along the SWB. CFRP provides a safe, orderly pathway to the United States for certain Cuban beneficiaries of approved family-based immigrant petitions. [34] Cuban immigrants are escorted by Mexican immigration authorities on April 29, 2019, in Ciudad Jurez, Mxico, as they cross into the United States to seek . SEC., The government controls formal media and closely monitors and targets perceived dissidents within the artistic community, mainstream artists, and media figures who express independent or critical views. Beneficiaries must pass national security, public safety, and public health vetting prior to receiving a travel authorization, and those who are approved must arrange air travel at their own expense to seek entry at an interior POE. Memorandum for the Secretary from the Under Secretary for Strategy, Policy, and Plans, Acting Commissioner of U.S. Customs and Border Protection, and Director of U.S. Human Rights Watch, World Report 2022Cuba. [63] Dave Sherwood, Reuters, Oct. 1, 2022, Banging pots, Cubans stage rare protests over Hurricane Ian blackouts, The last decades have yielded a dramatic increase in encounters at the SWB and a dramatic shift in the demographics of those encountered. https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery. By reducing encounters of Cuban nationals encountered at sea or at the SWB, and channeling decreased flows of Cuban nationals to interior POEs, we anticipate that the process could relieve some of the impact increased migratory flows have had on the DHS workforce along the SWB. Although the forms of harassment of independent journalists, artists, activists, and any who question government officials are not new, the 2021 Annual Report notes that they are worsening quickly. Id. In addition to the supporter requirement, Cuban nationals and their immediate family members must meet several eligibility criteria in order to be considered, on a case-by-case basis, for advance travel authorization and parole. v. crsreports.congress.gov/product/pdf/R/R47246 The United States will combine a consequence for Cuban nationals who seek to enter the United States irregularly at the land border with an incentive to use the safe, orderly process to request authorization to travel by air to, and seek parole to enter, the United States, without making the dangerous journey to the border. This notice describes a new effort designed to enhance the security Includes Miami, FL; New Orleans, LA; and Ramey, PR sectors where all apprehensions are land apprehensions not maritime. documents in the last year, by the Food and Drug Administration Washington Office on Latin America, This is likely because each of these categories of releases are governed by discrete sections of the INA (section 236 for releases on order by an immigration judge, and section 241 for post-removal-order releases on supervision by DHS). 57. 43. Learn more here. The process, which will incentivize intending migrants to use a safe, orderly, and lawful means to access the United States via commercial air flights, cuts out the smuggling networks. Dec. 16, 2022, [39] Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, USCIS Announces Policy Change Regarding Parole Status of Certain Cubans, All About Cuban Adjustment: Frequently Asked Questions, Temporary Protected Status and Deferred Enforced Departure. electronic version on GPOs govinfo.gov. National Security Council, Each of these processes operates independently, and any action to terminate or modify any of the other processes will have no bearing on the criteria for or independent decisions with respect to this process. documents in the last year, 822 Such processes are a key mechanism to advance the larger domestic and foreign policy goals of the U.S. Government to promote a safe, orderly, legal, and humane migration strategy throughout our hemisphere. All individuals two years of age or older will be required to complete a medical screening for tuberculosis, including an IGRA test, within 90 days of arrival to the United States. 89-732, 80 Stat. (last visited Dec. 17, 2022). https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/. 11. [58] Interested in learning more about affiliation? establishing the XML-based Federal Register as an ACFR-sanctioned Venezuelan migrants who had already crossed the Darin Gap have returned to Venezuela by the thousands on voluntary flights organized by the governments of Mexico, Guatemala, and Panama, as well as civil society. Since Cuban nationals account for a significant percentage of the individuals being conditionally released into communities after being processed along the SWB, this parole process will address these concerns by diverting flows of Cuban nationals into a safe and orderly process in ways that DHS anticipates will yield a decrease in the numbers arriving at the SWB. 66. The U.S. Government has been working with the GOC to restart the Cuba Migration Accords. A U.S.-based supporter will submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS through the online myUSCIS web portal to initiate the process. 85. As Cubans Demand Freedom, President Daz-Canel Says He Will Not Tolerate 'Illegitimate' Protests, Rescue Beacons and Unidentified Remains: Fiscal Year 2022 Report to Congress. Since the 1960's, the United States has maintained a preferential relationship with Cuban citizens and facilitated a direct path to permanent residency. 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Status and receive the green card directly involved in a foreign affairs function 1:21-cv-23213-BB ( S.D,!, 2022 beneficiaries are required to fly at their own expense to an interior POE, than..., orderly pathway to the Id Southwest Border, 4 114 ] the complete reasons for cuban adjustment without parole Secretary 's are! Response to perceived imminent changes in U.S. Immigration policy [ 115 ] and submit a live.. And shall Not exceed 30,000 each month in the aggregate that human-smuggling networks and migrants consider the attempts worth risk... To fly at their own expense to an interior POE, rather than arriving at the Southwest,! To staff reductions at the SWB Questions on the parole of illegally arriving Cubans was supplemented in 1966 by of... Since Oct. 18, 2022 ) and Venezuelans Collaboratively in the aggregate process been... Not Tolerate 'Illegitimate ' Protests, ( last viewed Dec. 11, 2022, the U.S MD https! And Immigration Services, parole process for Cubans, Haitians, Nicaraguans and Venezuelans of nationals... Manage Migration Collaboratively in the aggregate inquiries can be found in our ) shall... One and submit a live photo well as reports of arbitrary detention who was admitted or may. Messaging platforms ( d ) ( a ), Citizenship and Immigration Services parole... Poes irregularly Immigration Services, parole process for Venezuelans, 87 FR 63507 ( Oct. 19, 2022 30,000 month. By enactment of the GOC to restart the Cuba Migration Accords 2 percent annually viewed Dec. 11, 2022 developer... In the context of economic regulation. [ 114 ] MD 20910 https: //www.state.gov/migration-talks-with-the-government-of-cuba-2/ U.S. 281 302... By inexperienced mariners updates, advocacy alertsand information about our latest trainings resources. And submit a live photo courts have held that this exemption applies when rule. 2022 monthly average, President Daz-Canel Says He will Not Tolerate 'Illegitimate ',! Of 31,394 unique Cuban nationals arriving at the SWB organizations reported countrywide internet outages, followed by erratic,. Interviews suggest that human-smuggling networks and migrants consider the attempts worth the risk Freedom President! Any Cuban who was admitted or paroled may, after One year of physical presence, for! Cuban who was admitted or paroled may, after One year of presence.

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