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The future of thousands of Cubans who emigrated to the United States under the humanitarian parole program has become uncertain since Friday when the Trump administration announced its elimination. This measure further tightens immigration policy and places those who have not yet regularized their status in the country in a precarious situation.
Implemented in 2023 by the government of former President Joe Biden, the humanitarian parole has allowed Cubans to arrive in the U.S. with a temporary stay permit, provided they had a financial sponsor in the country.
However, as it is a discretionary and revocable benefit, it became susceptible to changes with the shift in administration. This occurred with Trump's arrival at the White House on January 20, when the program was dismantled through the Executive Order 14165, which provides instructions regarding the border and categorical parole programs.
The cancellation of parole primarily affects those who have not yet applied for permanent legal status, such as political asylum or residency under the Cuban Adjustment Act.
According to journalist Wilfredo Cancio on his blog Café Fuerte, most of the Cubans who entered the country under this program have already applied for or received permanent residency through the Cuban Adjustment Act. However, it is estimated that approximately 26,000 Cubans who arrived after March 2024, still do not meet the one-year physical presence requirement necessary to qualify for this law, leaving their immigration status in limbo.
The Department of Homeland Security (DHS) has established a thirty-day deadline for those affected to voluntarily leave the country. Failure to do so may result in deportation proceedings, as, since February, the government has also paused processing residence applications for beneficiaries of this program.
In this regard, it is important to highlight that, although the Cuban Adjustment Act is still in effect, the current suspension of these processes directly affects those seeking to regularize their immigration status through this law.
Therefore, beneficiaries of humanitarian parole should stay informed about official updates and seek proper legal advice to understand how these may impact their specific cases.
The immigration lawyer Héctor Benítez, in an interview with Telemundo 51, warned that the termination of the program is aimed at preventing migrants from reaching two years of physical presence in the U.S., which is a key requirement for certain regularization processes.
Furthermore, he pointed out that the authorities could resort to expedited deportations, a procedure that is usually applied to those who entered the country illegally, even though the parole beneficiaries did so legally.
In a conversation with Univisión 23, immigration attorney Rosaly Chaviano emphasized that the thirty-day period given by DHS is not for initiating new applications, but rather for those without pending processes to make immediate decisions.
Immigration officials “what they will take into account is that on the day of publication, if the person hasn’t submitted anything, has nothing pending, then it would be a priority for deportation for them. So we are talking about family petitions, we are talking about residencies, asylum, TPS”, said Chaviano.
The lawyer clarified that “everything is case by case”, referring to the uniqueness of Cubans and the option to benefit from the year and a day under the Cuban Adjustment Act. “It is essential to seek legal advice”, she reaffirmed.
Additionally, it was emphasized that if one chooses to leave the country, it is recommended to use the CBP One application to schedule the departure properly.
AUDIENCIAS JUDICIALES Y DEMANDAS EN CURSO
The uncertainty in the migrant community has prompted various organizations to file lawsuits against the suspension of humanitarian parole. According to Telemundo 51, two key hearings took place this Monday:
Massachusetts: A hearing scheduled for 11:00 am addressed the legality of the early termination of humanitarian parole. There, beneficiaries, sponsors, and organizations such as Haitian Bridge Alliance filed a lawsuit against the Department of Homeland Security (DHS).
California: Another hearing at 3:00 pm reviewed the lawsuit to restore both humanitarian parole and TPS.
Furthermore, amidst the uncertainty, experts have warned about the rise of fraudulent notaries and unlicensed agents, who provide legal advice without being qualified.
Telemundo 51 warned that many people are being deceived with promises of fast processing, when in reality, they could worsen their immigration situation.
Lawyers recommend that only certified professionals handle cases and that reliable legal advice is sought before making any decisions.
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