The fate of thousands of Cubans who sought refuge in the United States under the humanitarian parole program became increasingly uncertain following its termination by the Trump administration last Friday. This move further tightened U.S. immigration policies. Originally launched in 2023 by former President Joe Biden's administration, the humanitarian parole allowed Cubans to enter the U.S. with a temporary stay permit, provided they had a financial sponsor in the country.
However, due to its discretionary and revocable nature, this program was susceptible to policy changes, such as those introduced when Trump took office on January 20. The cessation of the humanitarian parole significantly impacts those who have not yet applied for permanent legal status, such as political asylum or the Cuban Adjustment Act.
According to journalist Wilfredo Cancio on his blog Café Fuerte, most Cubans who entered through this program have already applied for or received permanent residency under the Cuban Adjustment Act. Nevertheless, an estimated 26,000 Cubans who arrived after March 2024 have not met the one-year physical presence requirement necessary to seek relief under this law, leaving them in a precarious immigration situation.
Legal Challenges and Immigration Advice
The individuals affected are given thirty days to leave the country voluntarily; failing which, they may face deportation processes, as indicated by the Department of Homeland Security (DHS). Since February, the U.S. government has also halted the processing of residency applications for beneficiaries of this program.
Immigration lawyer Héctor Benítez, in an interview with Telemundo 51, explained that the program's termination aims to prevent migrants from reaching the two-year physical presence requirement, which is crucial for some regularization processes. He also noted that authorities might employ expedited deportations, typically used for those who entered the country illegally, even though parole beneficiaries entered legally.
Meanwhile, in a conversation with Univisión 23, immigration attorney Rosaly Chaviano stressed that these thirty days are not intended for initiating new applications but for those without pending processes to make immediate decisions. "What immigration officers will consider is whether the person had pending applications at the time of publication. If not, they could become deportation priorities," Chaviano said, referring to family petitions, residency, asylum, and TPS.
She clarified that "everything is assessed on a case-by-case basis," specifically concerning Cubans and the ability to apply for the Cuban Adjustment Act after a year and a day. "It's crucial to seek legal advice," she reiterated. Chaviano also mentioned alternative legal pathways to remain in the U.S. and recommended using the CBP One app to plan a proper exit if choosing to leave the country.
Judicial Hearings and Ongoing Legal Actions
The uncertainty within the migrant community has prompted various organizations to file lawsuits against the suspension of the humanitarian parole. As reported by Telemundo 51, two major hearings took place on Monday:
In Massachusetts, a session at 11:00 am addressed the legality of the early termination of humanitarian parole. Beneficiaries, sponsors, and organizations like Haitian Bridge Alliance filed a lawsuit against the DHS.
In California, another hearing at 3:00 pm considered the demand to reinstate both humanitarian parole and TPS.
Amid the growing uncertainty, experts warn against an increase in fraudulent notaries and unlicensed agents offering legal advice without proper qualifications. Telemundo 51 highlighted that many are being misled with promises of fast-tracked processes, which could actually worsen their immigration status.
Attorneys advise that only certified professionals handle cases and emphasize the importance of seeking reliable legal counsel before making any decisions.
Key Questions About Cuban Immigration Options
What is the humanitarian parole program?
The humanitarian parole program allowed Cubans to enter the United States with a temporary stay permit, provided they had a financial sponsor. It was discretionary and subject to change, making it vulnerable to shifts in immigration policy.
Who is affected by the termination of the humanitarian parole?
The termination affects Cubans who have not applied for permanent legal status, such as asylum or the Cuban Adjustment Act, particularly those who arrived after March 2024 and have not met the one-year physical presence requirement.
What legal options do affected Cubans have?
Affected individuals should seek legal advice to explore alternative pathways for residency, such as family petitions, asylum, or Temporary Protected Status (TPS). It's also important to consider the Cuban Adjustment Act after a year and a day of presence in the U.S.