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Immigration attorneys announced that they are preparing a federal lawsuit to challenge the temporary suspension of processing permanent residency applications for Cubans, requesting that a judge order the resumption of the proceedings.
Attorney Eduardo Soto announced that they will file a motion in federal court asking a judge to order Immigration to unlock these applications. He stated that the Cuban Adjustment Act is a right granted by Congress.
"The government cannot stop these procedures, as it is a measure granted by the United States Congress," stated the lawyer to the channel Univisión.
There is still no date for the filing of the lawsuit, as the cases are being organized, the media outlet clarified.
This announcement follows the U.S. government's suspension of the processing of permanent residency applications for Cubans, as well as for other immigrants who arrived under the humanitarian parole program implemented during Joe Biden's administration.
The measure primarily impacts the beneficiaries of the family reunification program, which includes thousands of Cubans who entered the U.S. under this status.
In the case of Cuban migrants, the measure has also affected the expectations of thousands of families who had hoped to reunite with their loved ones in the U.S.
Despite the government's promise to conduct a "comprehensive review and assessment" of the beneficiary population, no clear date has been set for the resumption of the procedures.
According to a memorandum from the Department of Homeland Security (DHS), the suspension aims to address "concerns related to fraud and national security" in the applications of parole beneficiaries.
The U.S. Citizenship and Immigration Services (USCIS) detailed that prior investigations uncovered thousands of cases of fraud in the program, including "serial sponsors," data from deceased individuals, and repeated addresses, which forced authorities to halt the processes while a more thorough assessment is conducted.
The decision has raised significant concern among hundreds of thousands of migrants, mostly Cubans, who now find themselves in a migratory limbo, as they will not be able to process their residency under the Cuban Adjustment Act, which would allow them to apply for a green card.
Additionally, they will not be able to access other immigration benefits if their application was submitted under the immigration policies of the Biden administration.
The measure impacts several humanitarian programs, including the Parole for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), as well as the Uniting for Ukraine initiative, which allowed the entry of more than 240,000 Ukrainians.
Specifically, 110,970 Cubans; 213,150 Haitians; 96,270 Nicaraguans; and 120,760 Venezuelans were screened and authorized to travel under humanitarian parole; and 110,240 Cubans, 211,040 Haitians; 93,070 Nicaraguans; and 117,330 Venezuelans arrived and obtained parole.
Frequently Asked Questions about the Suspension of Residency Applications for Cubans in the U.S.
Why were the residency procedures for Cubans suspended?
The suspension of residency applications for Cubans is due to concerns about fraud and national security detected in the applications from beneficiaries of humanitarian parole and family reunification programs. The U.S. government has paused these processes while it thoroughly reviews and assesses the cases involved.
What impact does the suspension have on Cubans awaiting residency?
The suspension has left hundreds of thousands of Cubans in a migratory limbo, unable to process their residency under the Cuban Adjustment Act. This impacts their expectations for family reunification and access to immigration benefits. The review process can lead to significant delays, affecting the stability and planning of the lives of those affected in the U.S.
What is the role of the Cuban Adjustment Act in this situation?
The Cuban Adjustment Act allows Cubans to apply for permanent residency after one year and one day in the U.S. However, the current suspension of processing has prevented many Cubans from accessing this benefit, as their applications are on hold while being reviewed for possible fraud and security concerns.
What legal measures are the lawyers taking in response to the suspension?
Immigration lawyers are preparing a federal lawsuit to challenge the suspension of residency applications, arguing that the government cannot halt these processes as the Cuban Adjustment Act is a right granted by the U.S. Congress. They are seeking a judge to order the resumption of the affected applications.
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