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September 28, 2024
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Humanitarian Parole and CBP One: Is it possible to eliminate them?

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SAN LUIS POTOSÍ, Mexico.- This week, the former president and current Republican candidate for the presidency of the United States, donald trumpannounced that, if he is elected again as president, he will eliminate the program of the parole humanitarian regime established by the Biden administration in January 2023, as well as the possibility of entering the country through the application CBP One.

His statements were made during a telephone interview with journalist Bill Melugin, from Fox News, where Trump was clear in his message to immigrants who have arrived under these two programs: “Prepare to leave,” he said.

His words have caused unrest among Cubans who have emigrated to the United States and among those who aspire to arrive through some of the legal channels established for this purpose.

Can Trump eliminate Parole and CBP ONE?

This Friday, in conversation with CubaNetJesús Novo, a lawyer specializing in immigration issues and belonging to the Gllardo Law Firm, clarified that it is not possible to eliminate them if Trump becomes president, but that it would also be a procedure simple “With an executive action you can do it at the stroke of a pen, you can do it on the first day while in the office.”

However, Trump could not repeal all of these paroles because, according to Novo, the United States Constitution does not allow laws to be applied retroactively.

On the other hand, the laws do not allow immigrationafter it has granted certain rights, withdraw them, except in very few cases where there is a national security problem or a very strong reason.

What would happen to those that are in process?

The expert also referred to those who, if the programs are decreed to disappear, have already obtained their approval and said: “Stopping the programs is within their oddswithin his authority. However, those who are already here, who have come under these programs, should not fear anything, they have nothing to fear.”

For his part, he agreed that those who entered through CBP ONE had to adjust their status after one year and one day, by the Cuban Adjustment Act, or by immediate family requests, otherwise, they had to have applied for asylum or they could face an expedited deportation “because they have no way of staying in the country.”

“Those who are applying for residency through the Adjustment Law because they had a parole that was given to them through these two programs, have nothing to fear, absolutely nothing to fear,” he insisted.

In the US…

These cases are already eligible, he pointed out, and no one can take away that eligibility. “The president can stop the programs, he can stop them and even people who have their permits approved in Cuba, Nicaragua, Venezuela or Haiti, with flight permits, he can stop them and that way no one will enter again. “Those people are going to stay in their countries if they didn’t get here before.”

However, on US soil there are protections conferred by both the Constitution and immigration laws.

“I do not doubt that this is the will of the former president if he were elected, but beyond how difficult it would be logistically to find people who can process the mass deportation of all these people who have entered, almost two million, beyond that the law “I wouldn’t allow it,” he said.

“He can try, however, I am convinced that the courts are going to prevent him (…) Maybe he firmly believes that he will be able to do it, but in this country fortunately there are courts, the judicial branch is completely separate, it is completely independent of the executive branch,” he concluded.



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