A Court Decision Could Change Immigration In The U.S.

A Miami immigration judge ruled that any immigrant released from detention by Homeland Security without a deportation order has been paroled as a matter of law.

Monday’s immigration court ruling, which was reported by the Miami Herald, could impact Cubans who immigrated to the U.S. since January 2017. That’s when the 20-year-old “wet foot, dry foot” policy allowing most Cubans who reach U.S. soil to stay and become legal permanent residents was canceled.

Cubans detained by DHS after entering the U.S. were released and given a Form I-94, also known as a “parole card.” That parole card would then serve to apply for a green card.

But those protections stopped. Now, Cubans are detained, released and not given parole cards. The new ruling upends that, allowing Cubans to seek legal status in the country, but it's not binding.

It can’t be enforced beyond the handful of cases under consideration in the decision. Judge Timothy Cole certified the case for further reconsideration. The decision could become national in scope. Immigrants were technically already paroled when they were released and that this group would be able to seek to adjust their status and obtain a green card. Cole’s decision could have broader implications, not just for Cubans, but for other foreign nationals.

Photos by Getty Images

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