The administration of U.S. President Donald Trump cannot revoke the Cuban Adjustment Act (CAA). This law was passed by the U.S. Congress in 1966 and only Congress can repeal or modify it, through a new legislative act approved by both chambers and signed by the president.
However, the president can influence its practical application by changing administrative policies or modifying related immigration processes.
Donald Trump can, through the Department of Homeland Security (DHS) or the U.S. Citizenship and Immigration Services (USCIS),
In January 2017, President Barack Obama eliminated the "wet feet, dry feet" policy, which facilitated access to Cuban adjustment for those who managed to reach the U.S. This policy was not part of the law; rather, it was an administrative directive, and therefore, it was within his power to change it.
On the other hand, the Cuban Adjustment Act allows a Cuban citizen to obtain residence after one year and one day of being "legally present" in the U.S., which includes being under parole.
If a government limits or eliminates the granting of parole (as is already happening with the termination of the CHNV program), it indirectly affects the number of people eligible to apply for the Adjustment Act.
The current CAA
In February, news emerged about the suspension of residency procedures for beneficiaries of humanitarian parole (CHNV) and the family reunification program (CFRP), due to an internal review of the procedures to ensure transparency and viability of these programs, according to official statements.
Following the announcement, which caused significant concern within the Cuban community, journalist Wilfredo Cancio Isla addressed the doubts and clarified that the CAA could not be canceled and that 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 -that are not derived from programs issued by executive orders from President Biden-, and who meet the established requirements, can continue to apply for permanent residency under the CAA without restrictions.
Cancellation of parole
The termination this Friday of the program that allowed the temporary entry of migrants from Cuba, Haiti, Nicaragua, and Venezuela, for humanitarian reasons or significant public benefit, could result in the deportation of hundreds of thousands of Cubans.
In an official draft from the Department of Homeland Security (DHS) circulated under the signature of Kristi Noem, Secretary of Homeland Security, it is specified that those who do not have any other legal basis to remain in the U.S. must leave the country or face deportation proceedings.
The decision responds to Executive Order 14165 from President Donald Trump, issued on January 20, 2025, which mandates securing the border and terminating parole programs.
The indefinite suspension of the processing of migration applications for beneficiaries of humanitarian parole and other migration programs could impact not only those who received this permit but also those holding I-220a and I-220B documents (released under a deportation order). Together, they amount to nearly 550,000 Cubans.
It is estimated that around 400,000 individuals have I-220A status while they await the resolution of their political asylum applications or a possible parole that would allow them to obtain permanent residency. The I-220A, granted at U.S. border points under a supervised release criterion, is not recognized as formal legal admission into the country.
Since the start of the program in 2023 and until July 2024, approximately 110,000 Cubans were screened and approved to travel; of these, around 70,000 had not yet been able to regularize their immigration status.
Frequently asked questions about the Cuban Adjustment Act and Trump's immigration policies
Can Donald Trump repeal the Cuban Adjustment Act?
Donald Trump cannot revoke the Cuban Adjustment Act by himself. This law was passed by the United States Congress in 1966 and can only be modified or repealed by Congress. However, the president can influence its practical application through changes in administrative policies or related immigration processes.
How does the suspension of parole programs affect Cubans in the U.S.?
The suspension of parole programs may limit the options for Cubans to adjust their immigration status. Although the Cuban Adjustment Act remains in effect, the termination of humanitarian parole indirectly affects the number of individuals eligible to apply for permanent residency, at least until the processing of applications resumes.
What options do Cubans affected by the suspension of immigration programs have?
Cubans who have entered the U.S. under programs such as humanitarian parole and now face the suspension of application processing, can still apply for the Cuban Adjustment Act if they meet the legal residency requirements. They may also explore other options such as political asylum if they have grounds for it.
What are the implications of Trump's cancellation of humanitarian parole?
The cancellation of humanitarian parole by Trump could lead to the deportation of many Cubans. Those who do not have any other legal status could face deportation proceedings if they are unable to adjust their immigration status through other means, such as the Cuban Adjustment Act or asylum.
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