One of the most controversial and volatile policies of the Department of Homeland Security (DHS), right now, is their policy regarding parole. Under current DHS guidance, “all aliens subject to expedited removal who: (i) are not arriving aliens; (ii) have established a credible fear of persecution or torture; and (iii) have been referred for full removal proceedings under section 240 of the Immigration and Nationality Act (INA), must be detained and have no right to bond or a bond hearing, BUT they may be released on parole. A grant of parole, is entirely the discretion of the ICE or CBP officer reviewing the case, is decided on a case by case basis, and may be granted “for urgent humanitarian reasons or significant public benefit”.
Under the current Trump administration, parole is being denied far more often than it is being granted. Many ICE field offices and detention centers are increasingly denying parole to asylum seekers and other immigrants, even after they were found to have a “credible fear” of persecution in their home country. The result is that hundreds and thousands of immigrants are being held in detention for months without charge or parole, despite the fact that they have a pending immigration case.
Current guidance also indicates, that these immigrants must not be released on an order of release on recognizance (OREC) or an order of supervision (OSUP). However, despite this clear guidance, DHS officers continue to release many immigrants, including Cubans, on these recognizance and supervision orders.
Why is all of this a problem? How does this affect you?
This is a problem for all immigrants, but especially for Cuban immigrants.
If you are a Cuban immigrant coming to the United States, you are able to apply to adjust and gain status in the US based on the Cuban Adjustment Act (CAA).
Click Here to read in the Official USCIS Guidance . However, to be eligible for a Green Card based on the CAA, you must be present in the United States after being inspected and admitted or paroled by an immigration officer after January 1, 1959. If you are a Cuban who falls into the above mentioned class of immigrants, who has been detained and released on an order of recognizance or supervision, and who has not received a parole or has been denied parole, you are NOT eligible to adjust based on the CAA and obtain your Green Card. THIS IS A HUGE PROBLEM!!
Franco Law Firm is designing strategies to combat this issue. One of the things we are working on, is finding people whose cases meet the above mentioned criteria and, in collaboration with with another law firm, using those cases to build a lawsuit against DHS and USCIS that will address this issue. We are particularly interested in cases where the immigrant being harmed is a Cuban, woman, who has been released on an order of recognizance or supervision, and HAS NOT been granted a parole.
Even if you are not Cuban, but find yourself in this sort of precarious situation, Franco Law Firm can help.
Please contact us to find out what we can do for you and how we can assist you with your immigration case.