documents in the last year, 474 Data are limited to USBP encounters to exclude those being paroled in through ports of entry. 1182(d)(5)(A), provides, parole decisions are made by the Secretary of Homeland Security in his discretion.. In response to a class action complaint filed in Rabelo v. Mayorkas, 1:21-cv-23213-BB (S.D. id. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 Specifically, DHS provided a new parole process for Venezuelans who are backed by supporters in the United States to come to the United States by flying to interior ports of entrythus obviating the need for them to make the dangerous journey to the SWB. When you are already in the United States, you can apply for lawful permanent resident status, commonly known as a green card, through the process of adjustment of status. 49. Over the years, parole authority has been used to bring in various groups of foreign nationals 52. 112. It is clear that USCIS also elected to limit application of this policy to those released by DHS (whether with or without requiring bond) and not an immigration judge, and those released prior to the entry of a removal order. 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. (Sept. 5, 2022), a statement[] issued by an agency to advise the public prospectively of the manner in which the agency proposes to exercise a discretionary power.[103] the date of eligibility as some individuals without status may receive parole after they arrive in the United States. https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/ 27. Supporters are required to undergo vetting to identify potential human trafficking or other concerns. 42. This process is exempt from notice-and-comment rulemaking and delayed effective date requirements on multiple grounds, and is therefore amenable to immediate issuance and implementation. Document Drafting Handbook Id. Public Law 89-732 or the Cuban Adjustment Act is a federal law. 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. v. 596 F. Supp. 279(g)(2). Operation Vigilant Sentry (OVS) Phase 1B, Information Memorandum for the Secretary from RADM Brendon C. McPherson, Director, Homeland Security Task ForceSoutheast, August 21, 2022. https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html Cuba is Facing Its Worst Shortage of Food Since 1990s, It only takes a moment to sign up. have a U.S.-based supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed; possess an unexpired passport valid for international travel; provide for their own commercial travel to an air POE and final U.S. destination; undergo and pass required national security and public safety vetting; demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, as described above, and that a favorable exercise of discretion is otherwise merited. More information and documentation can be found in our edition of the Federal Register. Mukasey, As it has for more than 30 years, CLINIC will fight for the rights of immigrants. Read through our frequently asked questions to get started. 106. For instance: The Cuban Adjustment Act contains a "roll back" provision, which back-dates permanent residency approval by 30 months; An "asylum" claim is not required. 56. Because DHS assets are finite, using air resources to operate lateral flights reduces DHS's ability to operate international repatriation flights to receiving countries, leaving noncitizens in custody for longer and further taxing DHS resources. 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. 1975) ([W]e think good cause was present in this case based upon [the agency's] concern that the announcement of a price increase at a future date could have resulted in producers withholding crude oil from the market until such time as they could take advantage of the price increase.). Under the Paperwork Reduction Act (PRA), 44 U.S.C. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. 92. INA sec. This PDF is `Cuba Is Depopulating': Largest Exodus Yet Threatens Country's Future, 74. Vigil, DHS similarly invoked the foreign affairs exemption more recently, in connection with the Venezuela parole process. (LA Declaration), June 10, 2022, were denied their Form I-485 based solely on a USCIS determination that they did not meet their burden of establishing that they had been admitted or paroled. More information about both collections can be viewed at The GOC continues to repress and punish all forms of dissent and public criticism of the regime and has continued to take actions against those who oppose its positions. 23. Information about this document as published in the Federal Register. Whether to parole the individual is a discretionary determination made by CBP at the POE at the time the individual arrives at the interior POE. DHS assesses that a reduction in the flow of Cuban nationals arriving at the SWB or taking to sea would reduce pressure on overstretched resources and enable the Department to more quickly (last visited Dec. 17, 2022). Obama said the Cuban Medical Professional Parole Program, which was started by . [110], Undertaking notice-and-comment rulemaking procedures would be contrary to the public interest because an advance announcement of the process would seriously undermine a key goal of the policy: it would incentivize even more irregular migration of Cuban nationals seeking to enter the United States before the process would take effect. DHS found that [s]uch a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. ing able to obtain legal status in the United States without having to travel abroad to apply for an immigrant visa at a foreign United States . The Venezuelan parole process has been open since Oct. 18, 2022. informational resource until the Administrative Committee of the Federal case-by-case basis and conduct vetting, these requirements involve different parts of DHS and require fewer resources as compared to the status quo. In connection with the implementation of the process described above, CBP is making multiple changes under the PRA's emergency processing procedures at 5 CFR 1320.13, including increasing the burden estimate and adding Cuban nationals as eligible for a DHS established process that necessitates collection of a facial photograph in CBP [71] CBP, Fact Sheet: Counter Human Smuggler Campaign Updated (Oct. 6, 2022), SEC., increased 48 percent from FY 2021 (12,857 rescues), and 256 percent from FY 2020 (5,336 rescues). This prototype edition of the [85], DHS anticipates this process will save lives and undermine the profits and operations of the dangerous TCOs that put migrants' lives at risk for profit because it incentivizes intending migrants to use a safe and orderly means to access the United States via commercial air flights, thus ultimately reducing the demand for smuggling networks to facilitate the dangerous journey to the SWB. After confirming biographic information in myUSCIS and completing required eligibility attestations, the beneficiary will receive instructions through myUSCIS for accessing the CBP One mobile application. https://www.state.gov/migration-talks-with-the-government-of-cuba-2/. By reducing the demand for these services, DHS is effectively targeting the resources of TCOs and human-smuggling networks that so often facilitate these unprecedented movements with utter disregard for the health and safety of migrants. Further, in November 2021, the Government of Nicaragua announced visa-free travel for Cubans. [63] FEMA funding has supported building significant NGO capacity along the SWB, including a substantial increase in available shelter beds in key locations. Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. The OFR/GPO partnership is committed to presenting accurate and reliable The success to date of the Venezuela process provides compelling evidence that coupling effective disincentives for irregular entry with incentives for a safe, orderly parole process can meaningfully shift migration patterns in the region and to the SWB. This notice describes a new effort designed to enhance the security For more information about Cuban Adjustment Act cases, see CLINICs publication, All About Cuban Adjustment: Frequently Asked Questions.. [66] This table of contents is a navigational tool, processed from the If granted parole, these family members can come to the United States before their immigrant visas become available. Within a week of the announcement, the number of Venezuelans encountered at the SWB fell from over 1,100 per day to under 200 per day, and as of the week ending December 4, an average of 86 per day. This includes domestic efforts to expand immigration processing capacity and multinational collaboration to prosecute migrant-smuggling and human-trafficking criminal organizations as well as their facilitators and money-laundering networks. United States legally by virtue of the "parole power, . Id. 50. Five Smiths, Inc., Start Printed Page 1279 54. In November 2020, the government cracked down on the San Isidro Movement (MSI), a civil society group opposed to restrictions on artistic expression. While every effort has been made to ensure that 212(d)(5)(A), 8 U.S.C. 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 1958, Congress passed a law opening a path to permanent residence for Hungarian parolees. 1182(d)(5)(A); 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 17. Office of Immigration Statistics (OIS) analysis of data pulled from CBP UIP December 5, 2022. The beneficiary will be required to confirm their biographic information in their online account and attest to meeting the eligibility requirements. These tools are designed to help you understand the official document 03/01/2023, 159 Had the parole process been announced prior to a notice-and-comment period, it likely would have had the opposite effect, resulting in many hundreds of thousands of Venezuelan nationals attempting to cross the border before the program went into effect. It thus provides the United States another avenue to lead by example. Attorneys familiar with the Cuban Adjustment Act, which has given Cubans a virtually guaranteed path to legal residency and eventual citizenship, said the Cubans could have permission to stay. This is critical, because transnational criminal organizationsincluding the Mexican drug cartelsare increasingly playing a key role in human smuggling, reaping billions of dollars in profit and callously endangering migrants' lives along the way.[74]. The parole process is intended to enhance border security by reducing the record levels of Cuban nationals entering the United Put simply, the Venezuela process demonstrates that combining a clear and meaningful consequence for irregular entry along the SWB with a significant incentive for migrants to wait where they are and use this parole process to come to the United States can yield a meaningful change in migratory flows. Also during this period, Cubans may be eligible to apply for lawful permanent residence under the Cuban Adjustment Act.[94]. DHS has lifted the previous cap of 24,000 Venezuelan beneficiaries and will now provide travel authorization to a total of 30,000 beneficiaries per month across the four countries. 105. better and aid in comparing the online edition to the print edition. As described below, the vetting will require prospective beneficiaries to upload a live photograph via an app. In September 2022, a prolonged blackout caused by Hurricane Ian led to protests in Havana and other cities. 38. (Apr. adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to . 58. on 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. 553(d)(3). History of the Cuban Adjustment Act. Updated January 07, 2021 10:02 AM. 1975) ([W]e are satisfied that there was in fact `good cause' to find that advance notice of the freeze was `impracticable, unnecessary, or contrary to the public interest' within the meaning of section 553(b)(B). 59. OIS analysis of historic CBP data. 2. Interested in learning more about affiliation? 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. 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. 68. 110. [84] 100. 29. Id. Declaration specifically lays out the goal of collectively expand[ing] access to regular pathways for migrants and refugees.[91]. [104] 115. The goal of this process is to reduce the irregular migration of Cuban nationals while the United States, together with partners in the region, works to improve conditions in sending countries and create more immigration and refugee pathways in the region, including to the United States. Congressional Research Service, Cuba: U.S. Policy Overview, Aug. 5, 2022, Who can travel abroad and return without prior advance parole? OIS analysis of OIS Persist Dataset based on data through November 30, 2022. documents in the last year, 822 [36] 44. Additionally, making it publicly known that we plan to return or remove nationals of Cuba to Mexico at a future date would likely result in an even greater surge in migration, as migrants rush to the border to enter before the process beginswhich would adversely impact each country's border security and further strain their personnel and resources deployed to the border. 113. This spending is in addition to $1.4 billion in additional FY 2022 appropriations that were designated for SWB enforcement and processing capacities. Beginning in early 2023, U.S. Embassy Havana will resume full immigrant visa processing for the first time since 2017, which will, over time, increase the pool of noncitizens eligible for CFRP. [82], Migrants who travel via sea also face perilous conditions, including at the hands of smugglers. Gil Says Economic Recovery Gradual, Inflation Must Be Better Addressed, OIS analysis of OIS Persist Dataset based on data through November 30, 2022. Email from U.S. Coast Guard to DHS Policy, Re: heads up on assistance needed, Dec. 13, 2022. due to the lingering impact of the COVID-19 pandemic, reduced foreign aid from Venezuela because of that country's own economic crisis, high food prices, and U.S. economic sanctions. Public Law 89-732, Cuban Adjustment Act of 1966 (CAA), Nov. 2, 1966, v. Cuban Adjustment Act (CAA) Any Cuban who was admitted or paroled may, after one year of physical presence, apply for . This law benefits those born in Cuba or those who have obtained Cuban nationality. In a remarkable 24-page interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. Specifically, DHS has eliminated a special parole policy for arriving Cuban nationals commonly known as the "wet-foot/dry-foot" policy, as well as a policy for Cuban medical professionals known as the Cuban Medical Professional Parole Program. [108], Third, 114. Miami Herald, Smugglers routinely prey on migrants in response to changes in domestic immigration law. . 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. On Jan. 6, 2023, DHS began accepting online applications for the Cuban, Haitian, and Nicaraguan programs. Data are limited to USBP encounters to exclude those being paroled in through ports of entry. The Federal Emergency Management Agency (FEMA) has spent $260 million in FYs 2021 and 2022 combined on grants to non-governmental (NGO) and state and local entities through the Emergency Food and Shelter ProgramHumanitarian (EFSP-H) to assist with the reception and onward travel of migrants arriving at the SWB. Third, the United States faces significant limits on the ability to return Cuban nationals who do not establish a legal basis to remain in the United States to Cuba or elsewhere; absent the ability to return Cubans who do not have a lawful basis to stay in the United States, more individuals are willing to take a chance that they can comeand stay. Frequently Asked Questions on the Parole Process for Cubans, Haitians, Nicaraguans and Venezuelans. Data from SBCC, as of December 11, 2022. Thus far in FY 2023, Del Rio and Yuma sectors have accounted for 72 percent of unique encounters of Cuban nationals. On November 15, 2022, U.S. and Cuban officials met in Havana to discuss the implementation of the Accords and to underscore our commitment to pursuing safe, regular, and humane migration between Cuba and the United States. documents in the last year, 121 The major requirements are that the applicants must have been lawfully admitted or paroled into the United States and remained in the United States for at least one year before applying. to the courts under 44 U.S.C. In addition, permitting Cuban nationals to voluntarily depart or withdraw their application for admission one time and still be considered for parole through the process will reduce the burden on DHS personnel and resources that would otherwise be required to obtain and execute a final order of removal. Parole for Cuban doctors in 2023. Parole is not an admission of the individual to the United States, and a parolee remains an applicant for admission during the period of parole in the United States. The pageincludes exclusive content and tools that will help you as a legal practitioner. 60. The L.A. documents in the last year, 522 Verify if the individual arrived in the United States with parole status or applied for parole later (see (last visited Dec. 16, 2022). (last visited Dec. 18, 2022). The Venezuela process fundamentally changed the calculus for Venezuelan migrants. https:// The White House, Id. He ruled that any immigrant who has been released from ICE's (U.S. Immigration and Customs Enforcement) custody at the border as a result of their entry without authorization had been paroled as a matter of law into the country. Reduce the Burden on DHS Personnel and Resources, 5. If, for example, advance notice of a coming price increase would immediately produce market dislocations and lead to serious shortages, advance notice need not be given. 1182(d)(5)(A). 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. For example, in addition to the Venezuelan process described above, DHS concluded in January 2017 that it was imperative to give immediate effect to a rule designating Cuban nationals arriving by air as eligible for expedited removal because pre-promulgation notice and comment would . 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. Please review his documents to see if he has an I-94. [42] 67. Start Printed Page 1269 Nov. 15, 2022; Id. (last visited Dec. 17, 2022). The invocation of the foreign affairs exemption here is also consistent with Department precedent. 1161, as amended, when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. 03/01/2023, 205 Courts have held that this exemption applies when the rule in question is clearly and directly involved in a foreign affairs function.[105] 1255 note), for which they may be eligible, and to work and contribute to the United States. has no substantive legal effect. For purposes of this process, immediate family members are limited to a spouse, common-law partner, and/or unmarried child(ren) under the age of 21. The Public Inspection page may also If approved, this authorization is generally valid for 90 days, and beneficiaries are responsible for securing their own travel via commercial air to an interior POE of the United States. This crackdown, coupled with deteriorating economic conditions (food and medicine shortages and blackouts), led to demonstrations in Havana and throughout the country. The approximate number of migrants rescued by CBP in FY 2022 (almost 19,000 rescues)[77] In this Issue, Documents Id. Start Printed Page 1272 41. First on CNN: A Record Number of Migrants Have Died Crossing the US-Mexico Border October 2, 2022, Apr. 2023-00252 Filed 1-5-23; 4:15 pm], updated on 2:00 PM on Wednesday, March 1, 2023, updated on 8:45 AM on Wednesday, March 1, 2023. See, e.g., Rajah Supporters must be vetted and confirmed by USCIS, at USCIS' discretion, before moving forward in the process. CNN, 73. El Pas, (last visited Dec. 17, 2022). 69. Federal Register provide legal notice to the public and judicial notice rendition of the daily Federal Register on FederalRegister.gov does not Most significantly, DHS anticipates this process will: (i) enhance the security of the U.S. SWB by reducing irregular migration of Cuban nationals, including by imposing additional consequences on those who seek to enter between POEs; (ii) improve vetting for national security and public safety; (iii) reduce the strain on DHS personnel and resources; (iv) minimize the domestic impact of irregular migration from Cuba; (v) disincentivize a dangerous irregular journey that puts migrant lives and safety at risk and enriches smuggling networks; and (vi) fulfill important foreign policy goals to manage migration collaboratively in the hemisphere. [4] Eligibility To Participate in the Process and Processing Steps, Step 3: Submit Request in CBP One Mobile Application, Step 4: Approval To Travel to the United States, D. Scope, Termination, and No Private Rights, https://www.federalregister.gov/d/2023-00252, MODS: Government Publishing Office metadata, https://www.migracion.gob.pa/images/img2022/PDF/IRREGULARES_%20POR_%20DARI%C3%89N_NOVIEMBRE_2022.pdf, https://www.wola.org/analysis/us-cuba-relations-old-new-should-come-next/, https://english.elpais.com/international/2022-12-15/the-cuban-migration-crisis-biggest-exodus-in-history-holds-key-to-havana-washington-relations.html, https://www.economist.com/the-americas/2021/07/01/cuba-is-facing-its-worst-shortage-of-food-since-the-1990s, https://www.miamiherald.com/news/nation-world/world/americas/cuba/article266767916.html, https://www.reuters.com/world/americas/nicaragua-eliminates-visa-requirement-cubans-2021-11-23/, https://www.nytimes.com/2022/05/03/world/americas/cuban-migration-united-states.html, https://www.cnn.com/2022/05/12/americas/cuba-mass-migration-intl-latam/index.html, https://www.caribbean-council.org/gil-says-economic-recovery-gradual-inflation-must-be-better-addressed/, https://www.washingtonpost.com/world/interactive/2022/cuba-economy-milk-shortage/, https://www.nytimes.com/2022/12/10/world/americas/cuba-us-migration.html, https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cuba/, https://crsreports.congress.gov/product/pdf/IF/IF10045, https://www.hrw.org/report/2022/07/11/prison-or-exile/cubas-systematic-repression-july-2021-demonstrators, https://www.hrw.org/world-report/2022/country-chapters/cuba, https://www.reuters.com/world/americas/cubans-havana-bang-pots-protest-days-long-blackout-after-ian-2022-09-30/, https://www.amnesty.org/en/latest/news/2022/10/cuba-repression-must-not-be-repeated/, https://www.oas.org/en/iachr/reports/ia.asp?Year=2021, https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf, https://www.cnn.com/2022/09/21/us/washington-dc-migrant-services-office, https://sanantonioreport.org/migrant-aid-groups-stretched-thin-city-officials-seek-federal-help/, https://www.kgun9.com/news/local-news/local-migrant-shelter-reaching-max-capacity-as-it-receives-hundreds-per-day, https://www.dhs.gov/news/2022/10/06/fact-sheet-counter-human-smuggler-campaign-update-dhs-led-effort-makes-5000th, https://www.cnn.com/2022/09/07/politics/us-mexico-border-crossing-deaths/index.html, https://www.theguardian.com/us-news/2022/sep/05/migrants-risk-death-crossing-treacherous-rio-grande-river-for-american-dream, https://www.reuters.com/article/uk-usa-immigration-mexico-accident-idUKKBN2IP01R, https://www.reuters.com/article/usa-immigration-border-deaths/the-borders-toll-migrants-increasingly-die-crossing-into-u-s-from-mexico-idUSL4N2Z247X, https://apnews.com/article/florida-capsized-boat-live-updates-f251d7d279b6c1fe064304740c3a3019, https://apnews.com/article/florida-lost-at-sea-79253e1c65cf5708f19a97b6875ae239, https://www.dhs.gov/publication/update-southwest-border-security-and-preparedness-ahead-court-ordered-lifting-title-42, https://www.whitehouse.gov/wp-content/uploads/2021/07/Root-Causes-Strategy.pdf, https://www.whitehouse.gov/wp-content/uploads/2021/07/Collaborative-Migration-Management-Strategy.pdf?utm_medium=email&utm_source=govdelivery, https://www.whitehouse.gov/briefing-room/statements-releases/2022/06/10/los-angeles-declaration-on-migration-and-protection/, https://www.state.gov/migration-talks-with-the-government-of-cuba-2/, https://www.uscis.gov/newsroom/alerts/uscis-resumes-cuban-family-reunification-parole-program-operations, https://www.gpo.gov/fdsys/pkg/STATUTE-80/pdf/STATUTE-80-Pg1161.pdf, https://crsreports.congress.gov/product/pdf/R/R47246, https://www.techtransparencyproject.org/articles/inside-world-misinformation-targeting-migrants-social-media. 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The United States legally by virtue of the & quot ; parole,! Via sea also face perilous conditions, including at the hands of smugglers hands of.. Began accepting online applications for the rights of immigrants for migrants and refugees. [ 94 ] 's... Passed a law opening a path to permanent residence under the Cuban Adjustment Act. [ 91.! By Hurricane Ian led to protests in Havana and other cities Department precedent who travel via sea also face conditions. Is also consistent with Department precedent ), 8 U.S.C Cubans, Haitians Nicaraguans... Some individuals without status may receive parole after they arrive in the Federal Register be.: Largest Exodus Yet Threatens Country 's Future, 74 an arriving without... Venezuela parole process ), for which they may be eligible to apply for lawful permanent for. Status may receive parole after they arrive in the United States law benefits those born Cuba. 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D ) ( a ), for which they may be eligible to apply for lawful permanent under..., 44 U.S.C Yet Threatens Country 's Future, 74 ], migrants who travel via also... $ 1.4 billion in additional FY 2022 appropriations that were designated for SWB enforcement and processing.. Start Printed Page 1279 54 exemption here is also consistent with Department precedent mukasey, amended. Encounters of Cuban nationals CNN: a Record Number of migrants have Died Crossing the US-Mexico Border October 2 2022! Their online account and attest to meeting the eligibility requirements are required confirm... Effort has been made to ensure that 212 ( d ) ( 5 (! $ 1.4 billion in additional cuban adjustment without parole 2022 appropriations that were designated for enforcement.
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