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Can CHNV program beneficiaries remain in the U.S. legally after Trump’s 30-day ultimatum?

On Behalf of | Apr 4, 2025 | Immigration

The latest effort by the Trump administration to overhaul the U.S. immigration system is the termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program. Over half a million migrants (parolees) from these four countries were allowed to live and work legally in the United States.

The Department of Homeland Security (DHS) announced this via a notice published in the Federal Register to that effect. The program, along with the benefits that came with it including parole-based employment authorizations, will expire on April 24, 2025.

Following this development, parolees without lawful basis to remain in the United States are to self-deport within 30 days using the U.S. CBP Home mobile app. Individuals who fail to leave will be arrested and deported.

What is the CHNV Parole Program?

Parole in immigration law refers to a temporary legal status granted to an immigrant.

A parole status allows a person who may otherwise be inadmissible to enter the U.S. for a limited period of time due to urgent reasons such as court appearances, medical  treatment, family emergency, or other public benefit.

In other words, a parole status is temporary, does not meet the technical requirements of a visa nor does it qualify as an underlying basis for obtaining any immigration status generally.

The CHNV program is a humanitarian parole launched under Biden’s administration initially only for Venezuelans in October 2022. It was then extended to nationals of Cuba, Haiti and Nicaragua in January 2023 to address the high levels of illegal migration from those countries.

Due to the worsening humanitarian crises in these four countries, the CHNV parole offered migrants a legal way to enter the country to curb illegal crossings of the U.S.-Mexico border.

These migrants upon sponsorship by American-based individuals could come live and work legally in the U.S. for two years subject to no renewal. About 30,000 people a month came to the U.S. under the program until Trump ended the program when he shut down an online platform migrants used to get their travel authorization.

Why is Trump ending the CHNV Program?

The DHS is acting on the directive of the President to terminate all parole programs contrary to the January 20 executive orders and to remove all aliens who enter or remain in the U.S. in violation of federal law.

The present administration believes that migrants allowed into the U.S. under the CHNV program were loosely vetted and that the process of their admission into the U.S. was riddled with fraud.

The reasons for terminating the program include that CHNV:

  • Does not serve a significant public benefit.
  • Is not necessary to reduce levels of illegal immigration.
  • Did not sufficiently mitigate the domestic effects of illegal immigration.
  • Did not result in a sufficient and sustained improvement in border security.
  • Is not serving their intended purposes.
  • Is inconsistent with the administration’s foreign policy goals.
  • Exacerbated backlogs, or risked exacerbating backlogs, for the immigration system.
  • Created pressure at airports and contributed to immigration backlogs.

In a statement, DHS’ spokeswoman Tricia McLaughlin said in a statement that migrants who came into the U.S. under the CHNV process competed for limited resources and that its termination “is a return to common-sense policies, a return to public safety, and a return to America First.”

People affected by the halt of the CHNV Program and at risk of deportation

As at December 2024— Biden’s last full month in office, a total of 532,000 migrants entered the U.S. under CHNV, which includes 110,240 Cubans, 211,040 Haitians, 93,070 Nicaraguans, and 117,330 Venezuelans who flew into U.S. airports according to the DHS.

The DHS has decided that parolees whose CHNV two-year parole status has not already expired by April 24, 2025, will terminate on that date unless the Secretary makes an individual determination to the contrary.

In line with this, DHS expects every CHNV program beneficiary without any lawful basis to remain in the United States to depart the country before their parole termination date— April 24. Although the DHS said it retains the discretion to commence enforcement action against migrants who arrived under the CHNV program before the 30-day period lapses.

The DHS intends to prioritize for deportation parolees:

  • Who do not depart the United States before their parole termination date.
  • Who prior to the publication of the notice, did not properly file a request for an immigration benefit (including applying for adjustment of status, asylum, Temporary Protected Status, or T or U nonimmigrant status).
  • Who are not the beneficiaries of an immigration-benefit request filed by someone else on their behalf (including petition for a relative, a fiancé or an immigrant employee).

 However, parolees who have since coming into the U.S. obtained a lawful immigration status that permits them to remain in the U.S. are not required to depart the country according to the DHS notice.

Although, it’s unclear how many parolees have been able to secure another status that will allow them to stay in the country legally.

When beneficiaries of the CHNV Program are to leave the U.S.

Parolees with terminated CHNV status are to depart the United States within 30 days starting March 25, 2025 and ending April 24, 2025.

The DHS notice stated that although the department had considered the alternatives of a longer than 30-day wind-down period or permitting parolees to remain in the U.S. until the natural expiration of their status, it has decided not to pursue either of those options after due consideration.

Parolees departing the United States via land border port of entries are to report their departure once outside the U.S. via the CBP Home mobile app.

Are there ways beneficiaries of the CHNV Program can remain in the U.S. legally?

Under Biden’s administration, some of the CHNV parolees could obtain legal status through other immigration programs.

For example, Haitians and Venezuelans were eligible for Temporary Protected Status. Cuban parolees could request permanent U.S. residency through a Cold War-era immigration law.

For other parolees, there was the option of asylum if they could prove they were fleeing persecution.

While those with U.S. citizen relatives who were willing to sponsor them could be eligible for an immigrant visa.

However, in a recent development, the United States Citizenship and Immigration Services (USCIS) had ordered a pause on all pending immigration applications filed by CHNV parolees.

This means CHNV parolees do not currently have the option of applying to adjust their status as USCIS officials can no longer process any applications if the requests were filed by migrants who arrived in the U.S. under the CHNV program.

Thus, any steps taken by paroled migrants to adjust their immigration status after publication of the DHS notice will not be deemed as protection against deportation.

A lawsuit challenging the Trump administration’s actions relating to CHNV and other parolees has been filed already.

What next for CHNV beneficiaries?

The is the question on everyone’s lips.

As of right now, the future of CHNV parolees is unclear as it is unlikely they will return to their home countries due to repression, economic collapse and political instability. Moreover, countries like Venezuela and Nicaragua are refusing to accept deportation flights.

Nonetheless, it is advisable they consult with an immigration attorney as to their next line of action when their legal status expires.