By: McKenzie Dunigan
What was the CHNV Humanitarian Parole Program?
The Cuba, Haiti, Nicaragua, and Venezuela humanitarian parole program allowed temporary stay in the United States for up to two years (Global Refuge). In order to be granted temporary stay, there were certain requirements that must be fulfilled to qualify. This program required support from either a familial tie to the United States or a supporter who can guarantee financial support in the United States. Supporters must be “a US citizen, a lawful permanent resident, or hold a lawful immigration status” (Global Refuge).
Current Changes to the CHNV Humanitarian Parole Program
On March 25, 2025, The Department of Homeland Security (DHS) announced its plans to revoke humanitarian parole for individuals who arrived through the CHNV Program, effective July 28, 2025. DHS is repealing these parolees’ permission to stay and work in the United States- prior to the date it was originally supposed to terminate. Parolees are being notified through mailed notices. Employment Authorization (work permits), and grants of parole from this program (meaning the parolees ability to stay), will no longer be valid.
Svitlana Doe v. Noem, a lawsuit filed in federal court attempted to prevent the US government from getting of CHNV by questioning the decision’s legality on the basis of violating the Administrative Procedure Act (APA) meaning that the termination caused irreparable harm, unlawful and was arbitrary. On May 30th, 2025, the Supreme Court ruled that the DHS was allowed to terminate the CHNV Program. https://refugees.org/chnv-humanitarian-parole-revoked-a-shift-in-u-s-policy-towards-cuban-exiles/
Cuban Adjustment (CAA) Act Changes
The Cuban Adjustment Act (CAA) is a legal pathway that has been available to Cuban nationals to acquire permanent residency (a green card) since November 2, 1966. Under the CAA, there are certain requirements that must be fulfilled to qualify for a green card. “You must be a citizen or native of Cuba, you properly file Form I-485, you have been present in the United States for at least 1 year from the time you file the I-485, you are physically in the US when you file the I-485, you were both inspected and paroled after January 1, 1959, you are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and you merit the favorable exercise of USCIS’ discretion” (US Citizenship and Immigration Services).
CHNV Humanitarian Parole Litigation Affecting Cubans & CAA
Those who entered with CHNV are not considered to be admitted. Matter of Cabrera-Fernandez is an immigration decision made by the Board of Immigration Appeals in 2023 (Clinic Legal, 2023). The case decided that release on conditional parole into the US does not count as applying for adjustment of status under CAA. In Jennings v. Rodriguez, individuals detained are not entitled to bond hearings and this decision is binding on all DHS officers. This means that DHS can detain noncitizens without your detention being reviewed for potential release. DHS can grant humanitarian parole to apply for a green card for Cubans released at the border, but this is rarely done. These things have placed a limit on the protections that CHNV has given to people.
Things to be aware about with Temporary Protected Status
It is important to know that Temporary Protected Status (TPS) may not satisfy the “inspected and paroled” requirements. The Supreme Court ruled that being a citizen under Temporary Protected Status does not satisfy the requirement of being admitted, paroled or inspected in the US, not enabling those to have adjustment of status. “TPS does not count as a ticket of admission” (Smith, 2022).
Conclusion
In terms of immigration in the United States it is important to understand that qualifications to satisfy residency are constantly changing. The benefits of the CHNV Humanitarian Parole Program are unfortunately no longer available. Being aware of these changes can help to understand how one’s status may be affected, especially for Cubans attempting to adjust status through the Cuban Adjustment Act. Temporary Protected Status shows that not all forms of entry can satisfy the admission requirements, so it is best to consult with an immigration attorney to know where you stand and what your options are. If you have any questions or need any help with your green card or immigration status, do not hesitate to contact the Law Firm of Gian-Franco Melendez, LLC to speak with an experienced immigration attorney about your options. https://attorneymelendez.com/legal-services/immigration-law/
