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On February 23, 2022, U.S. Citizenship and Immigration Services (USCIS) released a notice about a pretty significant concession to the legal requirements that allow certain Cuban nationals the ability to qualify for legal permanent residency under the Cuban Adjustment Act (CAA). The change applies to any applicants who were denied adjustment under the CCA solely because it was determined that they did not meet their burden of establishing that they had been legally admitted or paroled into the U.S.
The good news is that these applicants can now re-apply for adjustment under the CAA as the government has decided to apply a recent court decision to permit USCIS to characterize the government’s release of “arriving aliens” from Cuba who were detained by the Department of Homeland Security (DHS) as a form of parole under the law. With this one decision, thousands of Cubans will now be able to become legal permanent residents and eventually obtain U.S. citizenship.
Like any immigration process, it is important to know the facts of the specific case since not all applicants will be able to use this new rule to qualify for residency a second time. Specifically, this decision is limited to those Cubans who were released by ICE with a bond or if without a bond, with instructions to appear in immigration court at a later time. Unfortunately, those applicants whose cases involved their release from custody by an Immigration Judge prior to the entry of deportation do not qualify for this process since those cases fall under another area of the law. As always, it is important to speak with an immigration attorney before moving forward with your case to make sure you are eligible.
Two other big news items dominating the political and national news outlets currently both relate to the ongoing troubles at the southern US border. As of this week, the Supreme Court of the U.S. has heard oral arguments from the Biden administration who is trying again to eliminate the “Remain in Mexico” program started by Trump in 2019. This program was Trump’s answer to the decades-long abuse of the Asylum process where the government started requiring asylum seekers who attempted to enter the U.S. southern border to remain in Mexico while their cases were being reviewed. This became a very controversial program because of the humanitarian implications and also because it was a very effective tool for limiting migrants trying to get into the US.
The program is currently in the news again as the Supreme Court is reviewing the president’s authority to end the program. Previously, these protocols were found to be a valid use of executive branch power and a valid presidential order made by President Trump. As such, President Biden was ordered to continue enforcing the program again.
The other hot issue at the border relates to the ongoing battle of the Biden administration to eliminate the Title 42 rule started by the Trump administration. This is the protocol instituted by the Center for Disease Control (CDC) as a way to prevent unauthorized entry into the U.S. during the pandemic.
As a justification for the end of the protocol, the Biden administration cited the reduced infections in the U.S. and a large number of vaccinated population. Arguments in the federal court of Louisiana were heard from the 21 different U.S. states that oppose ending the protocols since they argue that Title 42 is the only thing in place to prevent a “substantial threat of immediate and irreparable injury resulting from the early implementation” of the program’s end. The federal judge agreed with the various states and issued a rule to block the Biden administration from the planned end in May.
Federal Judge Summerhays ruled that the Biden administration was not permitted to end the protocol until adequate preparations were in place to deal with the anticipated rush of migrants waiting to enter the U.S. illegally and that Biden must maintain the current instructions for border agents to continue expelling migrants from El Salvador, Guatemala, and Honduras, the three countries that comprise the Northern Triangle region. This temporary order is set to expire prior to the proposed May 23rd ending, so we will see if Biden changes his plan or if the federal judge will be required to extend the emergency order.
As these and many other immigration issues continue to come up before the courts and the government, you may have additional questions that require an appointment to discuss your case. If so, please contact us at 616-805-3435 or by using the following link to schedule an appointment online: https://marvinlawoffice.com/schedule-a-consultation/