The program, which was launched in October 2022 for Venezuelans, was later extended to Cubans, Haitians and Nicaraguans, the nationalities of the migrants who most frequently attempted to cross the border. The program allowed them to live and work in the country for two years while they tried to obtain another legal status.
But the Biden-Harris administration program that came to an end has allowed around 530,00 Cuban, Haitian, Nicaraguan and Venezuelanscan reside and work legally in the United States, according to official figures.
The measure was implemented with the hope of reducing the illegal entry of foreigners on the Southern border, where more than 10.6 million migrants have entered, mainly from these countries in dictatorship and with political crisis, since the arrival of the Biden administration-Harris to the White House.
The decision comes just a month before the 2024 presidential election, for which Democrat Kamala Harris is trying to project a more forceful stance on immigration, an issue that worries the American electorate due to rising housing and rent prices. national security problems. 1.8 million undocumented immigrants managed to escape from Border Patrol control, according to reports from the Customs and Border Protection Office (CBP).
Department of Homeland Security officials said Friday that those migrants who have served two years must apply for another type of legal status, leave the country or face deportation. Many of the nationalities can choose different routes, including what is called “temporary protected status” for Venezuelans and Haitians, which allows them to remain in the United States due to unrest, extreme violence or devastating natural disasters in their home countries.
“This two-year period was intended to allow individuals to apply for humanitarian aid or other immigration benefits for which they may be eligible, as well as work and contribute to the United States,” said Homeland Security spokesperson Naree Ketudat.
New migrants at the border can still apply for admission to the program, which does not affect those from Afghanistan or Ukraine.
Chronicle of an announced suspension?
The humanitarian parole, which benefits Cubans, Haitians, Nicaraguans and Venezuelans, was suspended in early August due to evidence of fraud in at least 101,000 sponsorship applications, revealed in a report by the Federation for American Immigration Reform (FAIR). , for its acronym in English).
Three weeks later, the United States Department of Homeland Security (DHS) announced the resumption of the program, with the implementation of “more rigorous” measures to avoid cases of fraud, which left serious doubts about its effectiveness.
A month later, the Democratic Government announced the suspension of the program in principle for Venezuelans, who have fled the socioeconomic and political crisis that the South American country is experiencing after 25 years of Chavismo. In the afternoon of this Friday, October 4, it was learned that the measure extends to all program beneficiaries.
To those who entered the country through parole “They will be given a notification that the humanitarian permit is not extended, therefore they have to return to their country”explains the immigration lawyer, Maria Herrera Melladoconversation with DIARIO LAS AMERICAS.
At risk of error
It mentions that this notification does not imply, for example, that the almost 120,000 Venezuelans who benefited from the parole make the decision to return to Venezuela, from where thousands of citizens continue to flee after the brutal repression unleashed by the Nicolás Maduro regime after lost the presidential elections on July 28.
Herrera Mellado rules out that the current administration, or a future one that may take office after the November 5 elections, is going to initiate a mass deportation process of Cubans, Haitians, Nicaraguans and Venezuelansunless they commit crimes or are related to organized crime, such as the transnational gang of Venezuelan origin, the Tren de Aragua, which has spread through several US cities during the Democratic Government.
“Just because they notify you does not mean that they are going to put you in deportation proceedings or that they are going to arrest you, therefore there will be a rapid movement of many people to try to stay here in any way (…) While they do not commit crimes, they will have time to adjust (your immigration status). Now, the moment they commit crimes or associate with organized crime, yes (they will be deported), but I don’t particularly think they will go against them,” he points out.
What options will Venezuelans have after the suspension of parole?
The immigration lawyer remembers that the humanitarian parole program does not ensure an immigration status in the country, so, although there are still some options to regularize their situation, many of the beneficiaries “will not be able to adjust their status.”
“The moment they remain illegal they are at risk”maintains Herrera Mellado, considering that any mistake they make or with an asylum application that does not correspond, could affect their situation in the United States.
Asylum is one of the alternatives that citizens affected by the suspension of humanitarian parole would have, as long as they have been victims of persecution by a tyrannical regime for political reasons, due to belonging to a specific social group or due to race.
“We are going to see an increase in the increase in asylum applications from those who came with humanitarian permission. Obviously, they were supposed to have demonstrated that they deserved a humanitarian permit, but since they did not do so, now they are going to have to do. That is going to be the majority option that those who have come to this country will choose.“he emphasizes, recommending this legal alternative only to those who have truly been persecuted.
Other options you would have are:
- Get job offers from companies that serve as sponsors.
- Join the US educational system.
- Marriage to a US citizen.
“We all know that the delays in sponsorship by American companies are very affected, we are talking about years, and while they would have to have an immigration status. If they get married it is another option, but we are clear that the marriages that occur, From now to the next few months, between people who enter with humanitarian permission and American citizens, they will be looked at closely by the United States Government. It will have to be proven that it is a marriage of good faith and that it does not simply serve as a marriage of convenience to stay here,” he points out.
Finally, the beneficiaries could return to their country of origin. But with the Maduro dictatorship, it is a possibility that is completely ruled out in the Venezuelan case, also extendable to Cubans and Nicaraguans. “We do not believe that this is going to happen (…) That people are going to go back to Venezuela, as it is right now, with (stolen) elections and with a tyranny there, is not realistic,” he emphasizes.
