Denial of Entry: Rollback of Biden-Era Immigration Policy Throws Uncertainty over Parolees' Futures

The Trump administration released a new order this past week ending the Biden administration's program allowing expedited temporary legal residency for South American immigrants. With less than thirty days to sort out their legal status, hundreds of thousands of immigrants may now be considering returning to their home countries.

The Biden administration's CHNV program allowed immigrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) to apply for entry into the US for two years if they had a US sponsor for their entry. More than 500,000 immigrants have entered the US from the parole program since the passage of President Biden's executive order.

Parole allows immigrants to enter the US for a temporary period if they have an urgent humanitarian reason or if there would be a significant public benefit. It is not formal and does not grant them legal status, but it does allow immigrants to enter the country for a temporary period without applying for a visa. The parole program can also allow immigrants to be employed temporarily in the US, which allows immigrants to contribute to the economy and pay taxes. However, this precarious position enables the DHS to revoke a parolee's status "at any time and without notice" if the parolee doesn't comply with the conditions of parole [1]. After their two-year parole period, an immigrant must either have a lawful immigration status, or else they must leave the US. 

The CHNV program was started due to the heightened instability in the CHNV countries, allowing migrants a safer pathway for escaping conditions in their home countries. The program was coupled with asylum restrictions on the southern border, allowing the US to expel a certain amount of immigrants back into Mexico per month. This combination was meant to decrease the number of migrants at the border seeking asylum while accepting for parole only those who would have financial support from someone in the US.  

This week, the Trump administration issued Executive Order 14165, directing the Secretary of the Department of Homeland Security (DHS) to terminate the parole programs for CHNV immigrants. In the Federal Register statement, the Trump administration explained that parole determinations were intended to be "narrowly tailored to specific instances and not based on a set of broadly applicable eligibility criteria" [2]. The argument from the Trump administration is that the DHS's interpretation of the Immigration and Nationality Act was improperly applied, allowing too many migrants into the US under broad definitions of humanitarian duress. Current parolees from CHNV countries now have until April 24th to leave the country, and all pending applications for the parole program were denied. 

Immigrant rights groups immediately responded to this policy, with the CEO of the New York Immigration Coalition, Murad Awawdeh, highlighting that immigrants "who have worked, paid taxes, and built lives here are in legal limbo, given just one month to find a path forward" [3]. CHNV parole status was always temporary and provided immigrants extra time to acquire a more solid immigration status, or to be accepted for asylum. However, many asylum-seekers argue that the approval process often takes too long, leaving them in the US past their legal parole date without a path to legal status in sight [4]. Now, those currently under the parole program are given 30 days to either leave the country or secure a legal citizenship status–confusing migrants who were accepted less than two years ago by the Biden administration. 

Within days of this action, a lawsuit was filed on behalf of migrants under the CHNV program challenging the Administration's decision to revoke parole status. Although the litigation is ongoing, the judge has expressed concern about how the new law is treating migrants who lawfully entered the US. While new administrations typically have the authority to shift policy in line with their goals, it may be argued that a shift of such scale (with 500,000 migrants affected) would not be justified. The US District Judge Indira Talwani may issue a temporary protective order for the program, but nothing yet has pointed to a full reversal of the policy [5]. 

The termination of the CHNV parole program marks a significant shift in U.S. immigration policy, leaving hundreds of thousands of migrants in legal uncertainty. While the Trump administration argues that the program was an overextension of DHS parole authority, immigrant rights advocates and legal experts warn that the abrupt reversal may cause widespread hardship for those who had previously relied on it as a pathway to safety and stability.

With lawsuits already underway, the courts may play a critical role in determining whether current parolees will be granted more time or relief before they must leave the country. But for now, the clock is ticking, forcing many migrants to make difficult decisions about their futures. As the debate over immigration policy continues, the fate of these individuals remains uncertain, highlighting the broader challenges of creating a fair and functional system that balances security with humanitarian obligations.

Sources:

1. U.S. Citizenship & Immigration Servs., Humanitarian Parole, U.S. Dep’t of Homeland Sec., https://www.uscis.gov/humanitarian/humanitarian_parole (last visited Mar. 30, 2025).
2. Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 25,128 (Mar. 25, 2025), https://www.federalregister.gov/documents/2025/03/25/2025-05128/termination-of-parole-processes-for-cubans-haitians-nicaraguans-and-venezuelans.
3. Press Release, N.Y. Immigr. Coal., Statement on Termination of CHNV Parole Program (Mar. 25, 2025), https://mailchi.mp/224b1e53adc1/mayoralforum-12823248?e=e3d6b2b881.
4. Nancy Cutler, Trump Nixes Special Humanitarian Parole Program; NY Haitians React to CHNV Temporary Status, Lohud (Mar. 25, 2025), https://www.lohud.com/story/news/local/rockland/2025/03/25/trump-nixes-special-humanitarian-parole-program-ny-haitians-react-chnv-temporary-status/79446928007/.
5. Associated Press, Judge Weighs Lawsuit Over Trump Move to End CHNV Parole Program, Yahoo News (Mar. 25, 2025), https://www.yahoo.com/news/judge-weighs-lawsuit-trump-move-205218179.html.