Legal arguments begin this week over the humanitarian parole program. A group of Republican states say the Biden administration exceeded its authority by offering this program. They argue that only Congress has the power to establish parole programs. The Biden administration says it has the right to use humanitarian parole, especially as Congress has not addressed immigration reform. Additionally, the administration claims the program is decreasing illegal border crossings of people from qualifying countries, which include Venezuela, Cuba, Haiti, and Nicaragua.

The Humanitarian Parole Program gives individuals from qualifying countries the ability to apply to live in the U.S. for up to two years with work authorization. To be eligible, applicants must have a financial sponsor in the U.S. and pass thorough background checks. Those given admission must enter the U.S. via air travel, not by crossing the southern border. The program was initially offered to Venezuelans in October 2022, and individuals from Cuba, Haiti, and Nicaragua added in January 2023. So far, about 180,000 individuals have qualified for the humanitarian parole program since President Biden initiated it. The program offers up to 360,000 qualifying individuals the ability to qualify.

The administration said it will appeal if the judge rules against the program. Although the Biden administration’s use of the humanitarian parole program is significant, it’s not the first time such a program has been used. In the late 1970s, individuals from Vietnam, Cambodia, and Laos could apply for the program. In the 1990s, Iraqi Kurds who aided the U.S. during the Gulf War and Cubans were also granted access to the program.

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