DHS Withdraws Categorical Parole for Noncitizens Deemed Inadmissible
These affect everything from legal status to the very methods of enforcement. The Department of Homeland Security’s recent decisions also play into this uncertainty. These changes, driven by administrative actions and court rulings, create a complex and uncertain environment for noncitizens, legal professionals, and humanitarian organizations.
The Termination of Humanitarian Parole Programs
In a major policy reversal, the Department of Homeland Security (DHS) has announced the termination of the categorical parole programs for individuals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV). The move immediately cancels all pending applications for parole. Additionally, it will revoke the employment authorization for all current parolees. This rendering leaves hundreds of thousands of individuals without legal work status.
Immigration Court Procedural Changes
In the realm of immigration court procedures, a new policy memorandum (PM) from the Executive Office for Immigration Review (EOIR) has rescinded a prior directive. It reinstated an older policy regarding the use of “status dockets.” U.S. Citizenship and Immigration Services (USCIS). The new PM 25-27, issued by EOIR Acting Director Sirce Owen, reinstates PM 19-13.
The previous administration’s DM 23-01 had expanded the use of status dockets, allowing for continuances in a wider range of circumstances. The new policy aims to increase the pace of adjudications and reduce the number of cases on hold by limiting the use of status dockets.
However, critics fear it may lead to more denials based on lack of documentation. They worry there may be insufficient time for applicants to secure the necessary paperwork from other government agencies. This shift signals a return to a more expedited approach to case management. It could potentially be at the expense of comprehensive legal review by agencies including the Department of Homeland Security.
Court Rulings on Removability
The courts are also weighing in on complex immigration law matters. In the case of Salinas v. Bondi, the court held that a North Dakota conviction for possession of marijuana with intent to deliver qualified as a controlled substance offense under the Immigration and Nationality Act. This ruling rendered the petitioner removable and ineligible for cancellation of removal, a form of relief from deportation. The decision highlights the complex and often harsh reality of how state-level criminal convictions can have severe and long-lasting consequences for a person’s immigration status. This is true even if the person is a lawful permanent resident.
Reduced Assistance for Refugees and New Enforcement Policies
The humanitarian front is also seeing changes. The Department of Health and Human Services (HHS) has shortened the eligibility period for Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) from 12 months to just four months. This decision, influenced by the Department of Homeland Security’s new guidelines, could place additional strain on non-profit organizations and communities. In a separate development, ICE Acting Director Caleb Vitello issued a new policy directive (ICE Directive 19010.3). The directive aims to establish a policy for the use of Body Worn Cameras (BWCs) by ICE law enforcement officers.
