Lawsuit against an immigration program for Venezuelans, Haitians, Nicaraguans, and Cubans

Opposition states decided to go against the humanitarian parole for Venezuelans

Texas, along with 19 other states in the country, decided to go against the Biden Administration by opposing the immigration program for Venezuelans, Cubans, Haitians, and Nicaraguans called humanitarian parole.

Each month, this policy allows 30,000 new migrants to enter the United States legally, despite not meeting the eligibility criteria to do so. This is so because they are residents of countries that are going through extraordinary situations such as political or economic conflicts, and natural or health disasters. Therefore, the government allows them, through sponsorship and other procedures, to enter legally through the southern border.

Now, these 20 states have decided to sue the temporary admission policy in a 39-page document detailing the government’s lack of formalities in implementing parole. So, at Jaskot Law, we’ll tell you all the details about the lawsuit, Biden’s intentions with the new policy, and what its future will be.

What is the immigration program called humanitarian parole?

This immigration program for Venezuelans, Haitians, Cubans, and Nicaraguans was renewed and announced by Biden on January 5 of this year. It consists of allowing foreigners who would otherwise be inadmissible to enter the country due to extreme conditions in their countries of origin.

Each month, 30,000 immigrants from these countries could apply for asylum through humanitarian parole, as part of a series of immigration policies put in place by the government to speed up border processing and help make the path easier and more humane for those crossing. Since 2021, it has been available for both Ukraine and Venezuela, but was only extended to Haiti, Cuba, and Nicaragua a few days ago.

To take advantage of this benefit, it is essential to comply with a series of requirements, and present the appropriate documentation. For this reason, it is advisable to get informed and have the assistance of an immigration lawyer, who will guide you through each step of the process.

Contents of the lawsuit

Filed in the U.S. District Court for the Southern District of Texas in Victoria, the 39-page claim charges the Administration and the Department of Homeland Security (DHS) with allowing aliens to enter the country illegally without going through the formal congressional process of accepting the new policy.

The plaintiff Republican states further add that,

“The parole program established by DHS fails in each of the law’s three limiting factors: it is not case-by-case, it is not for emergency for humanitarian reasons, nor does it promote any meaningful public benefit.”
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Many of these states have already united against other government policies.

Since his early days in office, Republican states, specifically Texas, have blamed the immigration policies of Joe Biden and his officials for being too “lax,” and for causing the inordinate numbers of foreigners attempting to cross the border into Mexico on a daily basis. They blame him for the border crisis, for an alleged violation of national sovereignty, and for the insecurity in these areas.

For their part, officials and authorities who answer to Biden assure that the program is in compliance with the law, and that it does not violate any Congressional legislation. They also argued that with each new measure to secure the border comes a new lawsuit against them. And that, at the end of the day, “they don’t want real solutions; they prefer to continue to use immigration to try to score political points.”

What the consequences of this lawsuit will be, whether it will have any negative impact on the humanitarian parole or just be another stone in the road, is yet unclear. At Jaskot Law, we will keep you informed about the latest immigration news.