Keeping up with Trump: Imminent Revocation of CHNV Parole, Resumption of Visa Services at U.S. Embassy Bogotá, Colombia, and DOJ Enforcement Memo on the Laken Riley Act

Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28^th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means:

Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

Removal Process:

Those who remain in the United States without legal status will be subject to removal. This process begins with the issuance of a Notice to Appear (NTA) in immigration court, which is the first step in the deportation process. However, the Trump administration has put in place new policies that allow immigration authorities to seek expedited removal without a hearing from an immigration judge. This includes individuals who entered the country through the CHNV program.

IMMEDIATE CALL TO ACTION

While we await further information to become available, those who are currently in the U.S. on CHNV parole should contact an immigration attorney as soon as possible to discuss potential eligibility for alternative legal status such as asylum, Temporary Protected Status (TPS), permanent residence, etc.

It remains unclear whether these actions will be challenged in federal court, therefore it is critical for CHNV parolees to act immediately.

Update Resumption of Visa Services at U.S. Embassy Bogotá, Colombia

We are pleased to report that the U.S. Embassy in Bogotá, Colombia has resumed immigrant and nonimmigrant visa processing, following the Colombian government’s acceptance of repatriation flights from the United States.

On January 31^stthe resumption of visa services was confirmed by the U.S. government on the official X accounts of Tammy Bruce, spokesperson for the U.S. Department of State, and the U.S. Embassy Bogotá.

“Today, the U.S. Department of State resumed immigrant and nonimmigrant visa processing at U.S. Embassy Bogota. Our commitment to work together with Colombia to advance our mutual interests remains steadfast.”

To learn more about the visa suspension, please click here.

To read the Colombian government’s recent press release, please click here.

Visa Interview Rescheduling

If your visa interview appointment was cancelled during the suspension period, you may request to reschedule your appointment.

You can do so by signing into your user account on the website (https://ais.usvisa-info.com/), select the “Continue” option, and follow the system instructions under the “Reschedule Appointment” option.

If you require further assistance, please refer to the Help section at the bottom of the page or contact your Visa Appointment Service representatives.

To contact the U.S. Embassy Bogotá, complete the contact form.

Department of Justice Issues Enforcement Memorandum Following Laken Riley Act

In the wake of the passage of the Laken Riley Act, the Department of Justice’s Executive Office for Immigration Review (EOIR) recently issued a memorandum regarding the enforcement of mandatory detention of undocumented immigrants under the new law.

The EOIR is an agency of the Department of Justice (DOJ) responsible for conducting removal proceedings in immigration courts and handling appeals from those proceedings.

Memorandum Highlights:

The Laken Riley Act amends the categories of aliens subject to mandatory detention under the Immigration and Nationality Act (INA) § 236(c)(1)(E), 8 U.S.C. § 1226(c)(1)(E)
These amendments require the Secretary of Homeland Security to detain any alien who:

is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a) and

is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person.

Under the law, the terms “burglary,” “theft,” “larceny,” “shoplifting,” “assault of a law enforcement officer,” and “serious bodily injury” “have the meanings given [to] such terms in the jurisdiction in which the acts occurred.” INA § 236(c)(2), 8 U.S.C. § 1226(c)(2).
Clarifies that the Department of Homeland Security (DHS) has the authority to determine whether an alien is subject to mandatory detention under the law
As a result, Immigration Judges cannot redetermine the conditions of custody imposed by DHS with respect to aliens in removal proceedings subject to mandatory detention
But an alien subject to mandatory detention may seek a determination from an Immigration Judge regarding whether the alien is “properly included” in a mandatory detention category. See 8 C.F.R. § 1003.19(h)(2)(ii); Matter of Joseph, 22 I&N Dec. 799 (BIA 1999)
The memorandum calls upon all Immigration Judges and Appellate Immigration Judges to ensure that the provisions of the Laken Riley Act are properly applied to any relevant custody-related determinations

The Laken Riley Act also amends the judicial review provision at INA § 236(e), 8 U.S.C. § 1226(e). It provides that no court “may set aside any action or decision by the Attorney General” under INA § 236, 8 U.S.C. § 1226, “regarding the detention of any alien or the revocation or denial of bond or parole.” INA § 236(e), 8 U.S.C. § 1226(e)

Noncitizens with a criminal record should contact an immigration attorney to discuss the potential impact of this legislation on their cases.

For more information, please see our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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