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The Cuban Adjustment Act (CAA) remains in effect and cannot be amended without the intervention of the U.S. Congress, clarified journalist Wilfredo Cancio Isla in a recent post on his social media.
The concern that has arisen in the Cuban community over the recent suspension of residency processes for beneficiaries of humanitarian parole (CHNV) and the family reunification program (CFRP) prompted a journalist based in the United States to clarify the matter based on his understanding of the functioning of the administration, the government, and the politics of that country.
In his analysis, Cancio Isla dispelled rumors and provided essential insights to understand the real implications of this administrative measure, delving into the legal framework and the context in which the recent decisions of the Donald Trump administration took place.
Recently, the United States Citizenship and Immigration Services (USCIS) ordered an indefinite pause on the processing of residency applications for beneficiaries of CHNV and CFRP.
This decision was made following an internal review of the procedures to ensure the transparency and viability of these programs, according to official statements.
However, it is important to specify that the measure does not prevent applicants from continuing to submit their requests, although their processing will be on hold until further notice.
Five key points of the matter, according to Wilfredo Cancio Isla
1. The Cuban Adjustment Act (CAA) remains in effect and cannot be suspended by the president.
Cancio Isla emphasized that the CAA was codified in the Helms-Burton Law of 1996, meaning it can only be modified or repealed by the U.S. Congress. For this to occur, three conditions must be met: a democratic change in Cuba, multiparty elections, and the release of all political prisoners.
2. The status adjustment under the CAA has not been affected.
Cubans who have entered the U.S. with an I-94 document and other immigration benefit applications—not derived from programs issued by executive orders from President Biden—and who meet the established requirements, can continue applying for permanent residency under the CAA without restrictions.
3. The processing of humanitarian parole and family reunification applications is paused, but not canceled.
The measure exclusively affects the progress of pending applications, without implying the elimination of the programs. USCIS is expected to issue a ruling within a period of up to 100 days.
4. People who have already applied for a status adjustment must wait.
Those who have applied for residency through the humanitarian parole (CHNV) or the Family Reunification Program (CFRP) will experience delays in their process, but they have not lost their eligibility.
Previous attempts to repeal the Cuban Adjustment Act (CAA) have failed.
During Barack Obama's administration, there was an attempt to eliminate the CAA through media pressure, but it was unsuccessful due to its codification in U.S. law.
Impact on the Cuban community
The decision by USCIS has generated concern among the beneficiaries of the parole and family reunification programs, but it is essential to highlight that the procedures under the CAA are continuing as planned.
As Cancio Isla explained in his analysis, the measure does not pose a threat to the existence of the CAA, but rather a specific review of certain immigration programs implemented by the administration of Joe Biden.
Cuban immigrants are advised to stay informed through official sources and reliable media, avoiding misinformation generated by rumors or misinterpretations regarding the scope of the suspension.
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