Legal proceedings begin this week arguing the legality of the humanitarian parole program. A group of Republican states claims the Biden administration is overstepping its power with the creation of the program. They claim Congress is the only entity with the power to enact parole programs. The Biden administration states they have the authority to use humanitarian parole, particularly since Congress has not addressed immigration reform. Further, the administration states the program is reducing illegal border crossings of individuals from qualifying countries. Countries currently included in the program include Venezuela, Cuba, Haiti, and Nicaragua.

The Humanitarian Parole Program offers individuals from qualifying countries the ability to reside in the U.S. for up to two years with employment authorization. Program applicants must have a financial sponsor in the U.S. and pass extensive background checks to qualify for the program. If granted admission, these individuals must enter the U.S. via air travel rather than crossing at the southern border. The program became available for Venezuelans in October 2022. Individuals from Cuban, Haiti, and Nicaragua were added in January 2023. To date, an estimated 180,000 people qualified for the humanitarian parole program since President Joe Biden launched the initiative. The program allows for up to 360,000 individuals to qualify.

The administration states they will appeal the decision if the judge decides against the program. While the Biden administration program is one of the largest uses of the humanitarian parole program, it is not the only administration to utilize it. In the late 1970s, individuals from Vietnam, Cambodia, and Laos qualified to apply for the program. In the 1990s, Iraqi Kurds who helped the U.S. in the Gulf War and Cubans were also offered access to the program.

ILBSG actively monitors ongoing legal actions to ensure our clients get the right advice based on the most current information. If you have questions about any immigration-related issue, contact us.