A federal judge in the United States issued a court order on Monday that represents a significant blow to the Trump Administration's attempts to dismantle the humanitarian parole program (CHNV), an immigration policy that has benefited more than 530,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela.
As was announced last week, Judge Indira Talwani, appointed by former President Barack Obama, granted an emergency motion on Monday that temporarily suspends the mass revocation of permits granted under this program, considering that this government decision lacks individualized case review, as required by law.
Judicial concern over the summary elimination of the program
Judge Talwani expressed serious concern over the fact that the Trump Administration attempted to end the program without individually assessing the circumstances of each beneficiary.
"The Court considers that the plaintiffs have standing to challenge the reduction of their participation in the program," Talwani wrote in her court order, noting that these immigrants have the right to work legally if they have authorization, and they can also apply for status adjustment or other benefits.
The judge indicated that if the program were eliminated without these guarantees, these individuals would face a distressing dilemma: "Follow the law and leave the country on their own, or wait for the expulsion process.”
Judicial suspension: Temporary protection and individual review request
In her ruling, Judge Talwani was emphatic in suspending all revocation notices sent by USCIS, ordering that these be put on hold until a new court order is issued.
"All notifications sent to individuals in Cuba, Haiti, Nicaragua, and Venezuela through their online USCIS account (...) are suspended pending a new court order," states the court order.
In addition, the judge emphasized: “It is also not in the public interest to summarily declare that hundreds of thousands of people are no longer legally present in the country, so they cannot work legally in their communities nor support themselves and their families.”
During the pre-hearing, Talwani also criticized the lack of grounds in the DHS's legal interpretation to justify the elimination of the program.
"The Secretary of National Security, Kristi Noem, in shortening the 'parole' period granted to these individuals, must have a reasoned decision," she emphasized, stating that the decision was based on an "incorrect interpretation of the law."
The defense of the program and the legal challenge
The lawsuit filed against the revocation of the CHNV described the measure as an “unprecedented” action and outside the framework of the Administrative Procedures Act, which sets the standards for terminating federal programs.
The plaintiffs alleged that the abrupt cancellation would lead to the loss of legal status and the right to work for hundreds of thousands of people.
For their part, the government attorneys argued that: "The DHS's decision to terminate the CHNV program and the existing parole grants [...] is within its statutory authority and complies with the statutory and regulatory notice requirements."
However, the judge concluded that no compelling reason had been demonstrated to force these individuals to leave the country.
"The government has not demonstrated any substantial reason or public interest that justifies forcing individuals who were granted temporary stay permission in the U.S. for a specific period to leave (or to obtain undocumented status)," it stated.
Scope and functioning of the humanitarian parole program
The CHNV humanitarian parole was implemented by the Biden Administration starting in 2022 as a means to provide temporary protection to citizens from the four mentioned countries, allowing them to enter the United States by air with legal sponsors.
In exchange, they were granted a temporary permit for two years, during which they could apply for humanitarian assistance, adjust their immigration status, or access other benefits.
According to official figures from the United States Citizenship and Immigration Services (USCIS), by the end of 2024, the following had entered under this program: 110,240 Cubans; 211,040 Haitians; 93,070 Nicaraguans; and 117,330 Venezuelans.
Attempt at revocation by the Trump administration
On January 20, 2025, just one day after President Donald Trump regained power, the Department of Homeland Security (DHS) issued a directive to terminate the program, arguing that it aimed to eliminate the alleged "abuse" of humanitarian parole.
“The Biden administration abused the program to indiscriminately allow the entry of 1.5 million migrants into our country. This has been halted on the first day of the Trump administration,” an official statement indicated.
The order involved the immediate revocation of residency and work permits starting from April 24, 2025, affecting all beneficiaries who had not obtained a new legal status in the U.S.
The measure by the Trump administration generated a limited echo in the political arena, except for the statements made by three Cuban-American representatives from Florida, who in February requested an exemption to prevent the deportation of affected Venezuelans.
It is worth noting that among the first executive orders issued by Trump upon taking office was the authorization for expedited deportations of parole beneficiaries who had not applied for a change of status.
Conclusion: A still uncertain legal future
Although Judge Indira Talwani's decision represents a temporary victory for immigrants enrolled in the CHNV program, the future of humanitarian parole remains uncertain.
The court order does not permanently nullify the revocation; rather, it requires a fair, individualized process in accordance with the law for any cancellation of immigration benefits.
This ruling underscores the importance of due process in immigration matters and leaves the door open for extended litigation regarding the limits of executive power to modify humanitarian protection policies.
Frequently asked questions about the suspension of the humanitarian parole in the U.S.
What does the temporary suspension of the end of humanitarian parole mean?
The temporary suspension of the end of humanitarian parole means that the revocation of permits granted under this program is momentarily halted, allowing its beneficiaries to remain in the U.S. while each person's case is reviewed individually, as directed by Judge Indira Talwani.
What are the implications for immigrants who are beneficiaries of humanitarian parole?
For immigrants benefiting from humanitarian parole, the suspension order means they will not face immediate deportation and will be able to continue working legally while an individual review of their cases is conducted. However, they should stay alert for legal updates and consider exploring other avenues to legalize their immigration status.
What criticisms has the Trump administration received for trying to end humanitarian parole?
The Trump administration has been criticized by human rights organizations, such as Amnesty International, which believe that the revocation of humanitarian parole is a disregard for human rights and a measure that creates chaos and insecurity for migrants. It is also noted that the decision to eliminate the program is based on incorrect legal interpretations.
What is the future of humanitarian parole after the court decision?
The future of humanitarian parole remains uncertain. Although the temporary suspension is a relief for beneficiaries, the program could still be dismantled if the government can justify its elimination in a legal process. For now, a prolonged legal battle is anticipated to determine the limits of executive power regarding these policies.
What should the beneficiaries of humanitarian parole do at this time?
Beneficiaries of humanitarian parole must stay informed about the ongoing legal process, seek legal advice to explore other immigration options, and avoid any actions that could jeopardize their status in the country. It is crucial that they do not fall into the hands of scammers and only trust qualified attorneys.
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