Good news for Cubans with humanitarian parole

A federal appeals court in Boston halted this luneThe Trump administration's attempt to cancel humanitarian parole for Cubans, Haitians, Nicaraguans, and Venezuelans, thus ensuring the program's temporary continuation for more than 500.000 people.

The decision represents a relief for migrants who legally entered the United States through this mechanism and who faced the imminent possibility of losing their legal status and work permits.

The court rejected an emergency measure

The Boston-based First Circuit Court of Appeals concluded that the administration failed to demonstrate sufficient grounds to suspend the previous ruling by federal judge Indira Talwani, who had already temporarily blocked the program's elimination.

In their ruling, the judges noted that The Department of Homeland Security (DHS) did not present a solid case or comply with the legal requirements for an emergency intervention..

This means that, for now, the processing of cases related to CHNV humanitarian parole continues normally, while the main legal dispute is resolved.

Trump received the first setback in April

The Trump administration's legal offensive began with an executive order eliminating humanitarian parole benefits. However, in April, Judge Talwani halted that decision, finding that the requirement for a "case-by-case" evaluation had not been met.

“All notifications sent to individuals from Cuba, Haiti, Nicaragua, and Venezuela are suspended pending further court order,” the judge stated at the time, also questioning DHS’s failure to provide adequate legal justification for revoking a program that allows thousands of people to work legally and support their families.

Panel of judges questioned Kristi Noem's authority

The most recent ruling was issued by a panel of three federal judges: two appointed by Joe Biden and one by Barack Obama. Although they did not address the merits of the case, they did question the authority of the current Secretary of Homeland Security, Kristi Noem, to broadly eliminate the program without a solid legal basis.

The court noted that the administration failed to demonstrate that it has a high probability of winning the appeal, a key requirement in this type of extraordinary judicial process.

The Supreme Court could intervene

Despite this defeat in the lower courts, the Trump administration can still appeal to the U.S. Supreme Court. If it does, the future of humanitarian parole would be in the hands of the high court, creating uncertainty for hundreds of thousands of migrants.

A key program for Cubans and other migrants

Humanitarian parole was created by President Joe Biden in late 2022 to provide a legal path to entry for Venezuelan citizens. It was later expanded to include Cubans, Haitians, and Nicaraguans. Recipients arrived in the country by plane, with legal sponsors, and obtained temporary residence and work permits for two years.

During that time, the goal was to encourage them to seek another legal avenue to adjust their immigration status. The program was welcomed by humanitarian organizations and many migrants, who saw it as a safe opportunity to escape authoritarian regimes or crisis situations.

The Trump administration, however, argues that the program was poorly designed and implemented en masse, lacking the controls required by the Immigration and Nationality Act.

While litigation continues, this court's decisionuneIt represents a respite for those who already live in the United States under this system.