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The recent decision by the Donald Trump administration to indefinitely suspend the processing of immigration applications for immigrants benefiting from humanitarian parole and family reunification has taken many by surprise and generated deep concern among the thousands of Cubans who relied on these programs to regularize their status in the U.S.
The renowned immigration lawyer, Willy Allen, spoke out about the impact this decision will have on the Cuban community.
"I think this is a concerning decision for thousands of immigrants, and for the first time, the Cubans benefiting from humanitarian parole must be vigilant regarding their cases," said Allen in statements to CaféFuerte.
In other statements, in that case for Martí Noticias, the lawyer emphasized the paralyzing effect that the measure will have on the processing of immigration benefits.
"The processes will now be much slower", he emphasized.
"There are millions of people who have applied for immigration benefits, and now that will be under review," he added.
Allen recalled that "the Adjustment Act is a separate law from immigration laws and only requires an inspection and a legal entry," but he noted that "it is very likely that more arguments will need to be presented in the future."
"This does not mean that one cannot apply for benefits, rather that while the programs are under review, cases will continue to accumulate," he concluded.
Indefinite suspension of humanitarian parole and family reunification cases
According to an internal memorandum from the U.S. Citizenship and Immigration Services (USCIS), the order halts all immigrant applications that entered the U.S. through humanitarian parole and family reunification programs.
The document, signed by Andrew Davidson, acting director of USCIS, establishes a "temporary pause on all pending benefit applications" for immigrants admitted under these programs.
The information was revealed by the network CBS News and confirmed by anonymous government sources.
The memorandum details that the halt of the applications is due to “fraud and security concerns”, and will remain in effect indefinitely while the procedures are reviewed.
The measure will affect around one million immigrants who were anticipating the regularization of their status, including those who were in the process of obtaining permanent residency through the Cuban Adjustment Act.
Programs affected by the announcement
Humanitarian parole (CHNV): Implemented in October 2022 for Venezuelans and in January 2023 for Cubans, Haitians, and Nicaraguans. It allowed the entry of 531,690 immigrants, including 110,240 Cubans.
Family Reunification Program: Designed to facilitate the entry into the U.S. of relatives of American citizens while they awaited their permanent resident status. For Cubans, the Cuban Family Reunification Program (CFRP) has been in existence since 2007, under the administration of George W. Bush.
Uniting for Ukraine: Created to provide refuge to Ukrainians fleeing the Russian invasion. Approximately 240,000 immigrants have benefited.
The USCIS memo justifies the decision by arguing that "public safety or national security concerns are not being adequately marked in USCIS’s adjudicative systems."
In addition, it mentions that by August 2023, the Biden administration had temporarily paused the humanitarian parole due to evidence of fraud in the granting of travel permits.
Reactions and consequences
For the affected immigrants, this decision represents an unforeseen obstacle on their path to legal residency in the U.S., as many of them had already initiated processes that are now left in bureaucratic limbo.
Attorney Allen emphasized that this suspension could impact those who entered the U.S. through the southern border using the CBP One application, a mechanism created by the Biden administration to facilitate the entry of asylum seekers.
Although the order has not yet been officially published on the USCIS or Department of Homeland Security (DHS) websites, confirmations from government sources indicate that it is already in effect.
Uncertainty persists among the beneficiaries of these programs, who will now have to wait until the immigration agencies complete their security and fraud reviews.
Frequently Asked Questions about the Suspension of Immigration Procedures for Cubans in the U.S.
Why were the humanitarian parole and family reunification processes for Cubans suspended?
The suspension is due to concerns about fraud and security, according to a memo from the U.S. Citizenship and Immigration Services (USCIS). This measure will affect thousands of Cubans who were hoping to regularize their immigration status in the United States.
How does this suspension affect Cubans who are already in the U.S.?
Cubans who are already in the U.S. under these programs will face a slower process to regularize their status. The Cuban Adjustment Act remains an option to obtain permanent residency after one year and one day in the country, but the suspension creates uncertainty about how long it will take to complete these procedures.
What alternatives do Cubans have if humanitarian parole is completely eliminated?
A key alternative is the Cuban Adjustment Act, which allows Cubans to obtain permanent residency after living in the U.S. for one year and one day. Additionally, they can explore other options such as political asylum or work visas, depending on their personal situation.
What measures have been taken to control fraud in humanitarian parole?
Stricter security measures have been implemented to prevent fraud, including rigorous scrutiny of sponsors with biometric and biographical analyses. These measures aim to ensure that beneficiaries are properly assessed after significant cases of fraud were detected in the process.
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