The humanitarian parole process in the United States will last until September and this could affect migrants

Twenty-one states in the United States rebelled against the Joe Biden administration by filing a lawsuit against the humanitarian parole for migrants from Cuba, Venezuela, Nicaragua and Haiti, introduced by the president on January 5.

This week, specifically on Thursday, August 24, 2023, the trial began, which could last until September, reports Diario Las Américas.

Indicates the medium – which is at 20 and not 21 as the EFE agency states – “that those making this claim are being controlled by Republicans.”

What are you waiting for? The lawsuit “asks a Texas federal judge to stop the Biden administration’s program.”

This is the new application process for family reunification through parole in the United States

José Guerrero, an immigration lawyer, told Univisión: “Today (Thursday) only the trial begins (…) the program does not end today.”

As reported by Diario Las Américas, the program has benefited more than 160,000 citizens of Haiti, Nicaragua, Cuba and Venezuela.

What now, what consequences would there be if the lawsuit succeeds?

Guerrero pointed out that “we now have to see how each side, first the plaintiffs and then the defendants (in this case the US government), present their arguments, and how each develops its case.”

He explained to Univisión that “there is a motion to block or freeze the parole program and on the other side there is the trial.”

If it were removed, authorities argued, there would be a “significant increase in migration at the country’s southwestern border”.

EFE Agency, 8/24/2023

“As for the request to block the program, we don’t know when the judge will rule, but the judge has processed that request and consolidated it in the final ruling. We understand that this should of course be the case when the final decision is made, but the judge can make a decision on this at any time,” said Guerrero.

And as for the trial, the judge set the September 29 date for the two sides to give their final arguments in their case.

If the program is declared illegal and unconstitutional, according to Diario Las Américas, “the person will not have any possibility to renew his status and his case would be completely suspended.”

After listening to the arguments, “the judge will take his time, it may take a month, it may take two months to make a decision (on) whether the program is illegal or not,” said José Guerrero.

The government has insisted that if the judge rejects the program, they will appeal immediately.

Jose Guerrero, lawyer

And if the claim is successful?

If the lawsuit is successful, Diario Las América says, “Cubans, for example, could stay because of the Cuban Adjustment Act and become residents.” [una vez transcurrido un año en el país].

For Haitians, Nicaraguans and Venezuelans “we need to see the possibility to change their status and pursue a job offer, as happens with the TPS which in certain cases and after leaving the country can change the status to get a job offer to get”.

If the program crashes, requests will also no longer be processed.

Yael Schacher, director of Americas of Refugees International

MyProgress is the new service that allows you to know the status of your applications for work and travel permits to the United States

What can be done

The medium mentioned above, citing lawyers, indicated that after the two years of this parole for citizens of Cuba, Haiti, Nicaragua and Venezuela, “if these people decide to stay and have an approved family petition at that time, they can stay and then adjust their status i.e. they get permanent residency and if during the parole period there is a company requesting it and they have the approved labor certification they can also stay in the US and that kind of visa also allows them permanent residence or an investment visa ”.

Isadora Velázquez, also a lawyer specializing in immigration issues, told Diario Las Américas that she does not believe the trial will succeed and also claimed, “The states that are part of the lawsuit show a great national ignorance about the immigration system of the United States. “

He recalled that there are visas from A to Z and regarding the plan that would be drawn up with these people: once the two years of humanitarian parole have expired, Velázquez also said that the Cuban community will be able to rely on the adaptation law. one year and one day after entering the country.

“The TPS for Venezuela and Haiti will be expanded and applied and a TPS for Nicaragua will be created,” he analyses.

Currently, the DHS -Department of Homeland Security- has more than 1.5 million people on the waiting list who have applied to sponsor a family member, friend or acquaintance to receive the permit, according to data collected by EFE on Thursday, April 24. August 2023 .

(JO)

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