The administration under President Donald Trump does not possess the authority to repeal the Cuban Adjustment Act (CAA). Enacted by the U.S. Congress in 1966, any changes to this law can only be made through new legislation passed by both houses of Congress and signed by the President. Nevertheless, the President can impact its practical application by altering administrative policies or modifying related immigration processes.
Through agencies like the Department of Homeland Security (DHS) or U.S. Citizenship and Immigration Services (USCIS), Trump could potentially tighten or relax the interpretation of certain criteria, such as what qualifies as a "lawful admission" or how adjustment applications are processed. During his first term, Trump had already dismantled the "Wet Foot, Dry Foot" policy, which eased access to Cuban adjustment for those reaching the United States. This policy was not part of the CAA but rather an administrative guideline, and thus within his power to change.
Furthermore, the Cuban Adjustment Act allows a Cuban national to apply for residency after being "legally present" in the U.S. for one year and one day, which includes being under parole status. If a government opts to restrict or eliminate the granting of parole—similar to what's happening with the cessation of the CHNV program—it indirectly affects the number of individuals eligible to apply under the CAA.
Current Status of the CAA
In February, it was revealed that residency procedures for beneficiaries of the humanitarian parole (CHNV) and the Cuban Family Reunification Parole Program (CFRP) were suspended due to an internal review of processes aimed at ensuring the transparency and viability of these programs, as per official statements. Following this announcement, which sparked significant concern within the Cuban community, journalist Wilfredo Cancio Isla clarified that the CAA remains intact and that status adjustments under it have not been impacted.
Cubans who entered the U.S. with an I-94 document and other immigration benefit applications—unrelated to programs initiated by President Biden's executive orders—can continue to apply for permanent residency under the CAA without restrictions.
Ending of Parole Programs
The termination of the program this Friday, which allowed temporary entry of migrants from Cuba, Haiti, Nicaragua, and Venezuela for humanitarian reasons or significant public benefit, could lead to the deportation of hundreds of thousands of Cubans. An official draft from the Department of Homeland Security (DHS) bearing Secretary Kristi Noem's signature indicates that those lacking another legal basis for staying in the U.S. must leave or face deportation proceedings.
This decision aligns with Executive Order 14165 issued by President Donald Trump on January 20, 2025, aimed at securing the border and ending parole programs. The indefinite suspension of processing immigration applications for humanitarian parole beneficiaries and other migration programs may not only affect those who obtained this permit but also those holding I-220a and I-220B documents (release with deportation order). Collectively, they represent approximately 550,000 Cubans.
Estimates suggest around 400,000 hold I-220A status while awaiting the resolution of asylum claims or a potential parole granting them access to permanent residency. The I-220A, provided at U.S. border points under a supervised release criterion, is not recognized as a formal legal admission into the country. Since the program commenced in 2023 up until July 2024, about 110,000 Cubans were processed and permitted to travel, with roughly 70,000 still unable to regularize their immigration status.
Understanding the Cuban Adjustment Act and Its Impacts
What is the Cuban Adjustment Act?
The Cuban Adjustment Act (CAA) is a U.S. law enacted in 1966 that allows Cuban nationals to apply for permanent residency after one year and one day of being legally present in the United States.
Can the President of the United States repeal the Cuban Adjustment Act?
No, the President cannot repeal the Cuban Adjustment Act. Only Congress can repeal or amend it through new legislation approved by both the House and Senate and signed by the President.
How might changes in parole programs affect Cuban nationals?
Changes in parole programs, such as their termination or restriction, can indirectly reduce the number of Cubans eligible to apply for residency under the CAA by limiting their ability to be legally present in the U.S.