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Parole for Cubans, Haitians, Nicaraguans, and Venezuelans

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Humanitarian Parole for Cubans, Haitians, Nicaraguans, and Venezuelans is a program under which citizens of these four countries, and their immediate family members, can be paroled into the United States for a period of up to two years if a person in the US agrees to financially support them. The program allows a combined total of 30,000 people per month from the four countries to enter the US. The program was implemented in 2022 (Venezuela) to 2023 (Cuba, Haiti, and Nicaragua[1]) in response to high numbers of migrants and asylum seekers from these countries crossing into the US at the southwest border with Mexico.[2] Each of the four countries is facing political, social, and/or economic instability.[3][4]

The CHNV Program is credited with greatly reducing numbers of people of these nationalities crossing into the US at the southwest border. After the implementation of Humanitarian Parole for Venezuelans, the number of Venezuelans encountered each week by the US Department of Homeland Security fell by over 90%. The US government promised to deport any person from these four countries who arrived to the US not through the program.[5]

The CHNV Parole program was modeled after Uniting for Ukraine,[6] which was implemented in response to large numbers of Ukrainians arriving at the US border with Mexico in 2022 as a result of the Ukrainian refugee crisis after Russia's invasion of Ukraine.

Process

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The first step is for a US-based sponsor to complete form I-134A online through a USCIS account.[7] The form asks the sponsor to agree to financially support an individual ("beneficiary") for the term of their parole.

If the form I-134A is confirmed (approved), the beneficiary will submit attestations of eligibility, along with photos of their face and their passport, to U.S. Customs and Border Protection through the CBP One app. CBP completes additional vetting and if approved, will issue Travel Authorization. This gives the beneficiary 90 days to arrive in the US.[8]

The beneficiary must travel by air. Upon arrival in the US, they may be paroled into the US for two years.[8]

Unaccompanied children

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Children must be accompanied by a parent or legal guardian.[9][10]

In the United States

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The beneficiary must complete a tuberculosis test within 90 days of arriving in the US. Beneficiaries may file a request for work authorization (I-765), which typically take several months to be approved.[11][12] Unlike Ukrainian and Afghan parolees, CHNV parolees do not automatically get work authorization upon arrival in the US.[13] A Social Security number can be requested as part of the work authorization form.[13]

Beneficiaries of the CHNV program are typically not eligible for refugee benefits or services. Beneficiaries from Nicaragua and Venezuela are typically not eligible for any mainstream government benefits, such as healthcare (Medicaid), food assistance (SNAP), and cash assistance (TANF).[14] However, in some states, children or people who are pregnant are eligible for Medicaid regardless of immigration status.[15] Beneficiaries from Cuba and Haiti may be eligible for government benefits as a result of their status as Cuban/Haitian Entrants.[16][17]

Beneficiaries may apply for asylum, family-based immigration, or another immigration pathway if they are eligible. Some beneficiaries from Venezuela may be eligible for Temporary Protected Status if they arrived before July 31, 2023.[18] Cubans may adjust their status to apply for permanent residency after one year under the Cuban Adjustment Act.[19] However, for many migrants, there is no pathway to stay in the US after the two-year parole period.[20]

Texas v. DHS

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The Humanitarian Parole process is being challenged in court by Texas and 21 other states.[21][22][23][24] A bench trial was held in Victoria, Texas on August 24-25, 2023. Post-trial briefs and Proposed Findings of Fact/ Conclusions of Law were filed by both parties on September 29, 2023. Responses to post-trial briefs were filed on October 27, 2023.[25] On March 8, 2024, Judge Tipton found that "Texas did not establish that it has suffered harm due to the CHNV parole programs and therefore did not have standing to bring its claims." The judge's ruling emphasized that the program has actually reduced the number of migrants coming from these four countries. Texas is appealing the decision.

An amicus brief in support of CHNV Parole was filed by attorneys general of New York and 14 other states and the District of Colombia.[26]

Wait times

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While initially some applications for sponsorship were being approved in a matter of days, wait times are typically many months to over a year.[27][28] As of June 2024, a year and a half into the program, USCIS was still processing applications filed in January 2023, the first month of the program.

According to USCIS data, over 1.8 million sponsorship applications had been filed as of July 2023.[29] With a limit of 30,000 people per month,[30] this represents five years' worth of applications.

USCIS selects half the monthly cases to process on a "first in first out" basis, and the other half are selected randomly.

The US Government, through the US Embassy in Nicaragua, continues to promote the CHNV Process as a "fast, simple, and legal" alternative to irregular migration.[31]

References

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  1. ^ Foote Reiff, Laura (2023-01-05). "Venezuela Program Expanded to Cuba, Haiti, and Nicaragua – 30,000 Per Month for All Countries". Inside Business Immigration. Retrieved 2023-11-04.
  2. ^ Rose, Joel (August 21, 2023). "A border strategy that gives more migrants a legal pathway to the U.S. to go on trial". National Public Radio.
  3. ^ "Waiting for America: One year later, relief and frustration for migrants in Biden parole program". WLRN. 2023-10-13. Retrieved 2023-11-04.
  4. ^ "'I'm going to pinch to help them': The Biden parole program from a sponsor's perspective". WUSF. 2023-10-23. Retrieved 2023-11-04.
  5. ^ "Waiting for America: One year later, relief and frustration for migrants in Biden parole program". WLRN. 2023-10-13. Retrieved 2023-11-04.
  6. ^ Bier, David J. (September 18, 2023). "Parole Sponsorship Is a Revolution in Immigration Policy". www.cato.org. Retrieved 2023-11-04.
  7. ^ "How to apply for the Biden administration's humanitarian parole". WLRN. 2023-10-16. Retrieved 2023-11-04.
  8. ^ a b "The Biden Administration's Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview". American Immigration Council. 2023-10-31. Retrieved 2023-11-15.
  9. ^ Foote Reiff, Laura (2023-01-05). "Venezuela Program Expanded to Cuba, Haiti, and Nicaragua – 30,000 Per Month for All Countries". Inside Business Immigration. Retrieved 2023-11-04.
  10. ^ "Processes for Cubans, Haitians, Nicaraguans, and Venezuelans | USCIS". www.uscis.gov. 2023-09-20. Retrieved 2023-11-04.
  11. ^ Lind, Dara (2023-08-30). "With Challenge to CHNV Parole Program, the 'Right to Welcome' Goes on Trial in Texas". Immigration Impact. Retrieved 2023-11-04.
  12. ^ "Migrants from some countries wait months for employment permit — while others can work right away". WLRN. 2023-10-17. Retrieved 2023-11-04.
  13. ^ a b "PolicyNet/Instructions Updates/EM 23014: Enumeration: New Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)". secure.ssa.gov. Retrieved 2023-11-16.
  14. ^ "Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans" (PDF). US Administration for Children and Families. January 6, 2023.
  15. ^ "Key Facts on Health Coverage of Immigrants". KFF. 2023-09-17. Retrieved 2023-12-19.
  16. ^ "Information for SAVE Users: Cuban-Haitian Entrants | USCIS". www.uscis.gov. 2023-08-14. Retrieved 2023-11-04.
  17. ^ "Benefits for Cuban/Haitian Entrants". www.acf.hhs.gov. Retrieved 2023-11-04.
  18. ^ "Temporary Protected Status Designated Country: Venezuela | USCIS". www.uscis.gov. 2023-10-05. Retrieved 2023-11-04.
  19. ^ "Green Card for a Cuban Native or Citizen | USCIS". www.uscis.gov. 2023-10-31. Retrieved 2023-11-04.
  20. ^ Bruno, Andorra (August 17, 2023). "Immigration Options for Immigration Parolees" (PDF). Congressional Research Service. Retrieved November 15, 2023.
  21. ^ "Texas trial to begin in lawsuit over Biden parole policy for migrants from 4 countries". PBS NewsHour. 2023-08-24. Retrieved 2023-11-04.
  22. ^ "Humanitarian parole program continues for now after trial in Texas". Fronteras. 2023-08-29. Retrieved 2023-11-04.
  23. ^ "Texas v. DHS (CHNV Parole)". Justice Action Center. 2023-07-11. Retrieved 2023-11-04.
  24. ^ Noel, Rebecca (2023-08-24). "Texas challenge against federal program to allow migrant entry sees first day in court – Houston Public Media". www.houstonpublicmedia.org. Retrieved 2023-11-04.
  25. ^ "State of Texas v. U.S. Department of Homeland Security, 6:23-cv-00007 - CourtListener.com". CourtListener. Retrieved 2023-11-15.
  26. ^ "Attorney General Bonta Joins Multistate Coalition in Support of Biden Administration's Parole Program". State of California - Department of Justice - Office of the Attorney General. 2023-08-18. Retrieved 2023-11-04.
  27. ^ "Venezuelans call Biden's humanitarian parole their 'best hope' — but 'the waiting hurts'". WLRN. 2023-10-16. Retrieved 2023-11-04.
  28. ^ "'I'm going to pinch to help them': The Biden parole program from a sponsor's perspective". WUSF. 2023-10-23. Retrieved 2023-11-04.
  29. ^ Foote Reiff, Laura; Schechter, Rebecca B. (2023-09-05). "CBP Provides Updates on Humanitarian Parole Program for Cuba, Haiti, Nicaragua, and Venezuela". Inside Business Immigration. Retrieved 2023-11-04.
  30. ^ "1.5 million apply for U.S. migrant sponsorship program with 30,000 monthly cap - CBS News". www.cbsnews.com. 2023-05-22. Retrieved 2023-11-04.
  31. ^ "Embajada de los EE. UU. en Nicaragua". WhatsApp.com. Retrieved 2023-12-19.
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