Biden Administration Will Not Renew Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)

In a shocking turn of events, the Biden administration recently announced that it will not be renewing humanitarian parole protections for nationals of Cuba, Haiti, Nicaragua, and Venezuela. The CHNV parole program was first launched in October of 2022 to discourage illegal border crossings.

It previously allowed qualifying nationals and their immediate members to apply for advanced travel authorization and granted them a temporary period of parole of up to two years for urgent humanitarian reasons.

Individuals were required to have a U.S. based sponsor and pass security checks as part of the application process. Once paroled into the United States, applicants were eligible to apply for an employment authorization document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).

Now the humanitarian parole program is no more. The government has said that those who came to the United States using the parole policy, will need to obtain legal status through other means before their parole period terminates to remain in the United States. Those who have no lawful basis to remain in the country beyond the parole period will be required to depart or risk being placed in removal proceedings.

According to government data, approximately 538,000 migrants have used the program to travel to the United States (214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans).

The first group of nationals who will begin losing their parole status are Venezuelans who arrived in the U.S. through the CHNV program in October 2022. The parole periods of Cubans, Haitians, and Nicaraguans are set to begin expiring early next year.

The Department of Homeland Security will begin issuing notices to CHNV parolees instructing them to apply for another immigration benefit or leave the country.

CHNV parolees are encouraged to contact an immigration attorney as soon as possible to discuss their eligibility for other immigration benefits such as Temporary Protected Status and/or discuss a plan of action before the termination of the parole period.

Additionally, USCIS has provided the following guidance for beneficiaries of CHNV parole on its FAQ webpage under the subsection Questions Relating to Beneficiaries.

Q1. Can I apply for re-parole at the end of my initial parole period?

There is no re-parole process under any of the CHNV parole processes. Parole is not an immigration status. During your period of parole, you are allowed to temporarily remain in the United States, apply for employment authorization, and seek any immigration benefits you may be eligible for that may allow you to remain in the United States in a lawful status or category.

Parole will automatically terminate at the end of your parole period (up to 2 years from the day you were paroled into the United States). If you have not sought a lawful status or period of authorized stay, you will need to leave the United States before your authorized parole period expires, or you may be placed in removal proceedings after your period of parole expires. If your parole expires, you will no longer be employment authorized based on being a parolee, and if you have not been granted a lawful status or period of authorized stay, you may begin to accrue unlawful presence in the United States.

You may be eligible to apply for certain immigration benefits with USCIS. You may want to explore the immigration benefits listed at uscis.gov before your parole expires. As a reminder, you can find the duration of your parole on your Form I-94, Arrival/Departure Record, which was issued by U.S. Customs and Border Protection (CBP) during the inspection process at a U.S. port of entry when you arrived. At any time, you may view and print a copy of your most updated Form I-94 at i94.cbp.dhs.gov.

If you need assistance with your immigration matter, please contact our office for a consultation.

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