Related videos:
A federal appeals court in the United States halted on Monday President Donald Trump's attempt to end the benefits of the humanitarian parole program (CHNV) for over half a million migrants from Cuba, Haiti, Nicaragua, and Venezuela, keeping their temporary protections against deportation in place.
The decision was issued by the First Circuit Court of Appeals, based in Boston. They noted that the administration failed to meet the high standard required to obtain emergency intervention and suspend the previous ruling of a lower court.
It refers to the ruling by federal judge Indira Talwani in Massachusetts, who temporarily blocked the cancellation of the CHNV ordered by the Department of Homeland Security (DHS).
As a result of Monday's ruling in Boston, the processing of immigration applications and benefits related to CHNV will continue as normal. Meanwhile, the legal dispute initiated by immigrant advocacy groups, who argue that the abrupt cancellation of the program places the lives of hundreds of thousands of people who entered the country legally under this mechanism in jeopardy, must be resolved.
The first judicial setback for Trump's plan was in April
The legal battle began in April when federal judge Talwani concluded that the measure did not meet the legal requirement for a case-by-case review. She ordered the restoration of both the parole process and its associated immigration benefits.
"All notifications sent to individuals in Cuba, Haiti, Nicaragua, and Venezuela (...) are suspended pending a new court order," the judge stated.
Talwani also questioned why the DHS did not provide a substantial legal justification for revoking a program that allows thousands of people to work legally and support themselves and their families in the United States.
The appeals panel questions the authority of National Security
The ruling issued on Monday was handed down by a panel consisting of two judges appointed by President Joe Biden and one by former President Barack Obama.
The court expressed doubts about the authority of the current Secretary of Homeland Security, Kristi Noem, to definitively end the program, although it clarified that it has not yet made a statement on the merits of the matter.
For now, the First Circuit indicated that the administration did not convincingly demonstrate that it would succeed in its appeal, as required by law for this type of extraordinary intervention.
Trump may appeal to the Supreme Court
The administration of Donald Trump may still attempt to take the case to the country's highest court, seeking to overturn the unfavorable rulings issued so far.
If the case reaches the Supreme Court, it could have profound implications for the future of over 500,000 migrants who legally reside in the United States thanks to the CHNV.
The humanitarian parole program was an initiative by President Joe Biden, implemented in 2022 to create a legal and orderly pathway for citizens of Venezuela to enter the country. It was later extended to include Cubans, Haitians, and Nicaraguans.
The beneficiaries arrived in the U.S. by plane with legal sponsors and obtained temporary two-year permits to reside and work in the country. During that period, they were required to pursue another legal avenue to regularize their immigration status.
The DHS under Trump argued that the program was misused, but its critics maintain that the cancellation violates the Immigration and Nationality Act and has devastating consequences for individuals who relied on an existing public policy.
Frequently Asked Questions about the Court Ruling that Protects Humanitarian Parole
What decision did the Appeals Court make regarding humanitarian parole?
The First Circuit Court of Appeals in Boston has decided to uphold the benefits of the humanitarian parole program, blocking President Donald Trump's attempt to eliminate these protections for migrants from Cuba, Haiti, Nicaragua, and Venezuela. This decision allows for the processing of applications and immigration benefits related to CHNV to continue normally while the legal dispute is resolved.
What is the humanitarian parole program (CHNV)?
The humanitarian parole program, known as CHNV, was implemented by the Joe Biden administration in 2022 to provide a legal pathway for entry into the United States for citizens of Venezuela, Cuba, Haiti, and Nicaragua. It allows beneficiaries to enter with temporary two-year permits to reside and work in the country, on the condition that they seek another legal avenue to regularize their immigration status during that period.
What are the implications of the court decision for migrants under humanitarian parole?
The judicial decision to uphold the humanitarian parole program temporarily protects more than 500,000 migrants from deportation and allows them to continue working legally in the United States. However, the future of the program remains uncertain, as the Trump administration may take the case to the Supreme Court in an attempt to overturn adverse decisions.
Why is the Trump administration seeking to eliminate humanitarian parole?
The Trump administration argues that the humanitarian parole program has not met the criteria of "significant public benefit" or "urgent humanitarian need". They claim it has contributed to the collapse of the immigration system and generated pressure on local communities and public resources. The administration is seeking a more restrictive immigration policy and greater border control.
Filed under: