U.S. immigration policies seem to change month by month, and it can be challenging to keep up. Our Miami immigration attorney outlines the latest updates that could affect you and your family.
Those seeking refuge in the United States because of poor humanitarian conditions in their home countries can turn to policies that allow immigrants to enter the U.S. while awaiting green card approval. The immigration lawyers at Casais & Prias want to share how to use these programs to your advantage.
One program that the Biden Administration implemented to address the devolving situations in countries like Venezuela, Cuba, Haiti, and Nicaragua, is Humanitarian Parole. This program allows immigrants from these countries to enter the U.S. for one to two years with U.S. citizen sponsorship.
The End Of Title 42
Title 42 was created in the wake of the COVID-19 pandemic to increase public health precautions by giving the U.S. government more power to regulate border crossings.
Policies under the Title 42 umbrella have changed over the past three years to include programs like Humanitarian Parole, which authorizes entry into the U.S. under humanitarian stipulations and not public health concerns.
The Biden Administration has been attempting to end Title 42 since 2022 but has been met with opposition, and the courts have ruled that it must remain in place. On May 11, 2023, Title 42 is set to expire. This will change how immigration is handled, however, it will not go back to pre-pandemic policy. It is unclear how the end of Title 42 will affect programs like Humanitarian Parole.
One policy expected to go into effect after Title 42 expires is the Transit Ban. This policy would only grant asylum to immigrants who travel through another country en route to the U.S. if they first request asylum in that country. Immigrants from Mexico and other border countries would not be subject to this ban because they do not travel through another country before reaching the United States.
Immigrants granted asylum in the United States under Title 42 are typically released into the country with a court date scheduled at which they must appear to plead their case. The new Expedited Removal plan would force immigrants to defend their cases within days of entry into the U.S. or risk being removed from the country.
Having to plead their case so soon after their treacherous trip to the U.S. could be challenging. Opponents of this policy are concerned that many who should be granted asylum will be turned away due to an ineffective interview.
Florida And The Parole + ATD Program
Recently, a Florida court blocked the Biden Administration’s Parole + Alternative To Detention (ATD) program. The Department of Homeland Security created this program for families immigrating together and it was eventually extended to individuals. It allowed an alternative to detention using a mobile phone app called SmartLINK and a Notice to Appear order within 15 days of their entry.
The court ruled that this policy violates laws pertaining to the executive branch’s authority to issue such policies. Another portion of the ruling stated that the policy is “part of an ill-defined no detention policy.”
Our Miami Immigration Attorney Is Here To Help
The landscape of immigration law is ever-changing, and staying current with the latest policies, rules, and regulations can be challenging. Having a Miami immigration attorney on your side is the best way to navigate this complex legal area.
Our team of dedicated immigration attorneys is constantly researching the best ways to help immigrants seek asylum if that is their desire. Contact our office with any immigration questions you have. We look forward to working with you.