Humanitarian parole in the US: will it be affected by the 2024 elections?

Humanitarian parole in the US: will it be affected by the 2024 elections?

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“Humanitarian parole” is a little-known term but highly appreciated by people who have rebuilt their life project through its concession. We are talking about a fundamental resource in the immigration panorama of the United States (US) that has been used by presidents over the decades to address humanitarian crisis situations with a significant impact on the public benefit of both citizens and immigrants. 

Joe Biden has been criticized and praised for his expanded use of this immigration route compared to any other American president. Negative opinions range from the societal implications to the audacity to circumvent Congress, which continually questions such requests. However, he is one of many characters to challenge him.

In this article, we will explore in detail what this temporary permit consists of, the most notable cases in American history, and its influence on current decisions, especially under President Biden’s administration on the eve of the 2024 elections.

Key Takeaways

• “Humanitarian parole” is a crucial avenue in the United States immigration landscape: Through this legal provision, the president can temporarily admit people into the country for urgent humanitarian reasons or significant public benefit.
• President Joe Biden has been criticized and praised for expanding this immigration route more than any other president.
• In addition to general humanitarian parole, specific programs for people from certain countries in crisis, such as Haiti, Cuba, Central America, and the Philippines, are designed to help immigrants facing difficulties in their countries of origin.

What is humanitarian parole?

Humanitarian parole is a legal provision that allows the president of the United States to temporarily admit people into the country in individual and exceptional cases, mainly for urgent humanitarian reasons or significant public benefit.

As we will explain later, the resource has been used at various critical moments in history, offering a legal temporary avenue for people who face persecution, violence, or natural disasters in their countries of origin.

It is a crucial tool in the US immigration system. Despite this, it is essential to clarify and reinforce that it does not grant permanent legal residence, much less constitute a path to US citizenship. Once the humanitarian purpose is fulfilled, the beneficiary is expected to leave the country.

What institution is responsible for granting it in the US?

The United States Citizenship and Immigration Services (USCIS) is our primary reference when discussing immigration matters. Therefore, it is expected to be responsible for granting humanitarian parole to people who have significant reasons to temporarily enter the country when they do not meet the requirements to obtain a visa or other immigration benefits.

In some cases, other organizations related to immigration issues may be involved so that some processes may be more complex than others. That said, it is necessary to hope that not all cases end in approval.

How does USCIS approve a humanitarian parole request?

When USCIS evaluates applications for humanitarian parole, it considers several key factors. These include the level of suffering the applicant could experience if parole is not granted, the temporality of the situation, and the potential adverse impact that a rejection could have on his or her well-being.

In addition, it is evaluated whether the beneficiary will have the means of subsistence if their permit to be in the United States is approved, requiring proof of financial support from a person or entity in the country. This being such a decisive issue in the legal permanence of foreigners, it is also worth knowing the requirements that a sponsor must meet.

What forms to submit?

As with other immigration matters, applicants must complete Form I-131, Application for Travel Document, and provide the appropriate payment or a payment waiver request to apply for humanitarian parole. They must also complete Form I-134, Declaration of Financial Support, for each beneficiary and offer a detailed explanation of the reasons for their request.

As in any legal process, the presentation of evidence is essential. To apply for humanitarian permission to enter the United States, it would be ideal to provide copies of any relevant immigrant or nonimmigrant petition, along with identification documents and translations, as long as the originals are in foreign languages.

Can approval be accelerated?

As previously indicated, USCIS reviews all applications individually and considers cases that may require expedited processing, an avenue reserved for urgent situations, such as those in which the applicant’s life is in danger.

If applicants believe their situation warrants a faster process, they may request it by checking the “EXPEDITE” option on the petition, providing detailed information and evidence to support their request.

Based on our experience and humanitarian parole news, we recognize that there may be delays in processing due to the high volume of applications received since the fall of 2021.

What to do if humanitarian parole is not approved?

In the event of denial, applicants can file a motion for reconsideration or reopen the proceedings. This involves completing Form I-290B within 33 days of the denial notification, along with the applicable fee or a waiver request. Additionally, if significant new facts are relevant to the application, applicants may consider submitting a new Form I-131. There is no limit to the number of times a person can submit this request.

Can it be renewed?

It is very important to highlight that we are not talking about a long-term resource such as an asylum application or the processing of US citizenship. It is a temporary resource, so it is logical that it has an expiration date by which the beneficiary will have to leave the country.

However, if necessary, when the humanitarian parole expires, the process described above can be repeated. Near the date, you must apply for a new residence permit by completing Form I-131 again and providing a new affidavit of support (Form I-134). A copy of the Exit Registration Form I-94 issued on your first permit will now be attached.

A little bit of history

Humanitarian parole has its roots in the Immigration and Nationality Act of 1952, and has been implemented by multiple presidents over the years. Since its creation, it has been used on numerous occasions, although its application has varied according to the immigration policies of each administration.

Emblematic cases of migratory waves that received parole protection stand out, such as the events in Hungary in 1956, Vietnam in 1975, Cuba in 1980, and more recently, Venezuela in 2023.

Hungary, 1956

Although little known, in 1956, a political and social crisis occurred in Hungary, leading thousands of people to seek refuge in the United States. Thanks to this permit, nearly 32,000 people had the opportunity to rebuild their lives in the country after the invasion of Soviet tanks.

Vietnam, 1975

After the end of the Vietnam War, hundreds of thousands of people fled the Southeast Asian country in search of safety and freedom on American soil, where this humanitarian measure allowed 340,000 people to be sheltered.

Cuba, 1980

The Mariel crisis led to a significant wave of Cubans to American shores, where humanitarian parole allowed them to settle and prosper in a new country. In 1980, approximately 125,000 Cubans were granted permission to be in the United States after being processed in refugee camps in South Florida. By the end of 2022, the Cuban exodus numbers exceeded those of almost 40 years ago.

Venezuela, 2023

The deteriorating political and economic situation in Venezuela has generated an unprecedented migration crisis, where the humanitarian parole law has become a vital tool for thousands of Venezuelans in search of a more promising future.

The humanitarian parole under the Biden administration

Now that the terms and processes related to this humanitarian measure have been defined, it is easier to understand its impact and significance for the beneficiaries. At the same time, we delve into the concerns of those who hope that it will be granted thanks to the broad applications the current US administration has maintained in recent years.

Joe Biden’s presidency has seen a significant increase in the use of humanitarian parole as part of his focus on immigration reform. The objective behind this is to offer job opportunities and stability to those who face difficult situations in their countries of origin and are willing to reside in the United States. With this, the doors are also opened to the resolution of problems derived from illegal immigration, ranging from xenophobia, organized crime, and poverty among minority groups.

It has generated highly questioned humanitarian parole news. Among them, the announcement of a permit program for Venezuelans and Nicaraguans in 2023; This would allow foreigners with said nationalities to remain in the country for up to two years as long as they had someone who could support them financially. Meanwhile, a deportation program was implemented for those who entered illegally known as Title 42 inherited from the Donald Trump era.

“Legal avenues, combined with strict law enforcement, are effective in reducing regular immigration to the United States and preventing immigrants from putting their lives in the hands of traffickers,” said Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS). according to the acronym in English) the same year when the family reunification programs for Haitians and Cubans were modified.

Texas and 20 other states sued, alleging that the administration “effectively created a new visa program, without the formalities of congressional legislation” that ultimately maximized the effect of large-scale permits granted to Afghans and Ukrainians.

Despite the resistance of certain groups, the strategy has constituted a way to channel migration legally and orderly. This radically contrasts with the opinion of his predecessor, who expressed his intention to end the use of this resource.

Programs behind the humanitarian parole

Beyond the humanitarian parole law, it is essential to note that USCIS offers several specific programs for people from certain countries in crisis. These include particular application and approval procedures designed to help immigrants facing difficulties in their home countries.

Some of these programs include the Haitian Family Reunification Permit Program (HFRP), the Cuban Family Reunification Permit Program (CFRP), and the Central American Minors Program (CAM). English) and the Filipino World War II Veterans Entry Permit Program (FWVP).

Summary

Humanitarian parole continues to be a crucial tool in the US immigration arsenal, offering hope and opportunity to those facing adverse circumstances in their places of origin. As the Biden administration continues to implement immigration policies, it will continue to play an important role in promoting safety and justice for migrants.

So it is more than a legal provision; It is a symbol of the compassion and solidarity that the United States can offer the world in times of need, a valuable resource for those who need to temporarily enter the country for humanitarian reasons.

Still, it is essential to understand the limitations and processes involved in your application and renewal. But, above all, it is important to have a realistic idea of ​​the possibilities of achieving it in the face of the threat of change behind the upcoming elections.

But whatever the case, its use will merit an understanding of the requirements and appropriate presentation of evidence by applicants. Complying with these processes under adequate advice increases the chances of obtaining this benefit and continuing your search for a better life in the United States. If you have a case of this type, you can count on the team at Kannan Law. Visit our contact section, and we will help you with your legal process.

Frequently Asked Questions

It is a legal provision that allows the president of the United States to temporarily admit people into the country for urgent humanitarian reasons or significant public benefit. Any individual facing persecution, violence or natural disasters in their home country can apply.

How can I request humanitarian parole?

You must complete Form I-131, Application for Travel Document, and provide the corresponding payment or a payment waiver request. Additionally, you must complete Form I-134, Declaration of Financial Support, and provide a detailed explanation of the reasons for your request, along with documentary evidence. [1]

How is humanitarian parole approved?

The USCIS evaluates applications for humanitarian parole considering factors such as the suffering of the applicant, the temporality of the situation (as in cases from Venezuela, Nicaragua and El Salvador), and the adverse impact of a rejection on their well-being. The beneficiary’s ability to support himself financially during his stay in the US is also evaluated. [2]

Can my humanitarian parole request be rejected?

The answer is yes, and the causes can range from not meeting the minimum requirements to cases of fraud due to presenting copied, altered, or prefabricated evidence. Now, if your application is denied, you can file a motion for reconsideration or reopen the procedure by completing Form I-290B. Additionally, if new facts are relevant to your application, you may consider filing a new Form I-131. There is no limit to the number of times you can request it. [3]

Can humanitarian parole be renewed?

As we indicated, this benefit has an expiration date. However, if necessary, you can request a renewal close to the expiration date. You must complete Form I-131 again and provide a new statement of financial support. It is important to follow proper procedures to ensure a successful renewal.