The Biden administration is implementing a new strategy to manage immigration and expand legal pathways to the United States. To begin with, this includes increasing resources at the border, scaling up anti-smuggling operations, and enhancing cooperation with border cities and NGOs. A key element of this new approach is the use of humanitarian parole, a legal tool that allows certain individuals to enter the U.S. temporarily. Therefore, The American Immigration Lawyers Association (AILA) has responded positively to the administration’s announcement, which broadens these parole programs for migrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV).

The Legal Basis of the Parole Program

The legal foundation for the new parole processes, which is essential to understanding the policy, is Section 212(d)(5)(A) of the Immigration and Nationality Act.

Addressing Border Challenges with Parole

In January 2023, the Biden administration introduced a series of measures to enhance border security and promote a more orderly migration process. Consequently, the new parole pathways are a part of this effort. In fact, they build upon measures implemented in 2022 to address the increasing number of Ukrainian and Venezuelan nationals arriving at the U.S.-Mexico border.

The CHNV parole programs, furthermore, create a structured way for eligible migrants to enter the U.S. without having to make a dangerous and often illegal journey to the border. This “carrot and stick” approach, as some experts describe it, pairs the expansion of legal pathways with more stringent enforcement actions against those who attempt to cross unlawfully.

The policy also includes expanding Title 42, a public health authority that has been used since the start of the COVID-19 pandemic to rapidly expel migrants. Although the Biden administration had previously sought to end Title 42, it has used the authority as part of a broader strategy to manage migration flows while new legal pathways are being implemented. Ultimately, the combination of these measures—expanding parole and continuing to use Title 42—aims to create a more controlled and humane immigration system.

AILA’s Response and Broader Context

On the whole, the American Immigration Lawyers Association (AILA) has generally supported the expansion of legal pathways. AILA sees the parole programs as a positive step toward a more orderly and humane immigration system. However, they also acknowledge the complexities and limitations of these policies. For example, while parole provides a temporary solution, it does not offer a permanent path to legal residency. This fact highlights the ongoing need for comprehensive immigration reform, which AILA and other advocacy groups continue to call for.

The administration’s approach, finally, is part of a broader effort to address the root causes of migration. To this end, by working with regional partners and non-governmental organizations, the U.S. government is seeking to improve conditions in migrants’ home countries and in transit countries.