Immigration attorneys have revealed plans to file a federal lawsuit challenging the temporary halt on processing permanent residency applications for Cuban nationals, seeking a court order to resume these processes. Attorney Eduardo Soto announced that a motion will be filed in federal court to compel Immigration to unblock these applications, emphasizing that the Cuban Adjustment Act is a congressional right. "The government cannot halt these procedures, as it's a measure granted by the United States Congress," Soto stated to Univision.
While the exact date for filing the lawsuit is still pending as cases are being organized, this announcement follows the U.S. government's suspension of permanent residency processing for Cubans and other immigrants who entered under the humanitarian parole program initiated during Joe Biden's administration. The suspension notably impacts beneficiaries of the family reunification program, affecting thousands of Cubans who entered the U.S. under this status.
The measure has disrupted the hopes of numerous families waiting to reunite with loved ones in the U.S. Despite promises from the government for a "comprehensive review and evaluation" of the beneficiary population, no definitive timeline for resuming procedures has been provided. A Department of Homeland Security (DHS) memo states that the suspension aims to address "concerns related to fraud and national security" in the parole beneficiaries' applications.
The U.S. Citizenship and Immigration Services (USCIS) reported uncovering thousands of fraud cases in the program, including "serial sponsors," deceased individuals’ data, and repeated addresses, prompting a thorough review. This decision has left hundreds of thousands of migrants, predominantly Cuban, in a state of immigration limbo, unable to process their residency under the Cuban Adjustment Act, which would allow them to apply for a green card.
Additionally, they cannot access other immigration benefits if their applications were submitted under the Biden administration's policies. The suspension affects several humanitarian programs, including the Parole for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), and the Uniting for Ukraine initiative, which facilitated the entry of over 240,000 Ukrainians. Specifically, 110,970 Cubans; 213,150 Haitians; 96,270 Nicaraguans; and 120,760 Venezuelans were screened and cleared to travel under humanitarian parole, and 110,240 Cubans; 211,040 Haitians; 93,070 Nicaraguans; and 117,330 Venezuelans have arrived and were granted parole.
Key Questions on the Cuban Residency Application Suspension
What legal action are attorneys planning against the suspension?
Immigration attorneys are preparing a federal lawsuit to challenge the suspension and are filing a motion in court to compel the resumption of residency application processes for Cubans.
How has the suspension affected Cuban families?
The suspension has disrupted the plans of many Cuban families hoping to reunite with their relatives in the U.S., leaving them in a state of uncertainty.
What is the reason behind the suspension of residency applications?
The DHS cited concerns over fraud and national security related to the parole beneficiaries' applications, prompting a suspension for comprehensive review and evaluation.