Will the Biden Administration Renew the Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans?

In a decision that has profound implications for hundreds of thousands of migrants, the Biden administration has announced it will not renew the Humanitarian Parole Program—also known as the CHNV initiative—that has provided temporary legal status for nationals from Cuba, Haiti, Nicaragua, and Venezuela. The program, which was originally designed to curb illegal border crossings by offering a legal pathway for these individuals to enter and work in the United States, will soon begin to expire, leaving many migrants in a precarious position.

The CHNV Humanitarian Parole Program: A Brief Overview

Launched in late 2022, the CHNV initiative was a temporary solution aimed at addressing the significant influx of migrants from Cuba, Haiti, Nicaragua, and Venezuela who were crossing the U.S.-Mexico border in record numbers. Under the program, migrants from these countries could apply for temporary parole status, allowing them to live and work in the United States for two years, provided they had a U.S.-based financial sponsor and passed security background checks.

Since its inception, the program has been widely used by migrants seeking refuge from political instability, economic hardship, and violence in their home countries. Government data reveals that more than 530,000 individuals have been granted entry under the CHNV initiative, including approximately 214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans.

However, as the program reaches its two-year mark, the Biden administration has decided not to extend parole status for those already in the U.S. under this initiative, leaving thousands of migrants uncertain about their future.

The End of the CHNV Program: What Does It Mean for Migrants?

The Department of Homeland Security (DHS) has made it clear that while new applications will continue to be accepted, existing migrants who have benefited from the CHNV program will not be granted extensions. Once their two-year parole period expires, they will either need to find alternative pathways to legal residency or face deportation proceedings.

According to DHS spokesperson Naree Ketudat, "This two-year period was intended to enable individuals to seek humanitarian relief or other immigration benefits for which they may be eligible, and to work and contribute to the United States." Migrants who have not secured another legal status by the end of their parole period will be required to leave the country.

This decision comes as a disappointment to many, as similar programs for Afghan and Ukrainian refugees have been extended. Advocates have criticized the administration’s move, arguing that it unfairly targets migrants from Cuba, Haiti, Nicaragua, and Venezuela, who may have fewer avenues for legal residency compared to other groups.

Pathways to Legal Status: What Are the Options?

The expiration of the CHNV program will affect migrants differently, depending on their nationality and the legal protections available to them. Here is a breakdown of the available options for each nationality:

1. Haitian and Venezuelan Nationals: Haitians and Venezuelans may qualify for Temporary Protected Status (TPS), which provides temporary deportation relief and work permits. Haitians who arrived before June 2024 and Venezuelans who entered before July 2023 are eligible to apply for TPS. This status offers them a temporary legal reprieve but is not a path to permanent residency.

2. Cuban Nationals: Cuban migrants have a unique opportunity under the Cuban Adjustment Act of 1966, which allows them to apply for permanent residency after one year of living in the United States. This law, which was enacted during the Cold War, continues to offer an expedited path to a green card for Cuban nationals.

3. Nicaraguan Nationals: The nearly 100,000 Nicaraguans who entered the U.S. under the CHNV program face the most challenging circumstances. Unlike Cuban, Haitian, and Venezuelan migrants, Nicaraguans do not have a designated legal status that protects them from deportation. Their primary option is to apply for asylum, a process that requires proving persecution based on race, religion, political views, or other protected grounds. However, the standards for asylum are strict, and many applicants may not meet the necessary criteria.

The future of the program remains unclear, but for now, it is essential that those affected seek legal counsel and explore their options as their parole periods come to an end.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone: 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.