Trump revoking legal protections for Cubans, Haitians and other migrants


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Migrants from Venezuela viewing a map of the US at a Welcome Center in El Paso, Texas in 2022

US President Donald Trump's administration has said it will revoke the temporary legal status of more than half a million migrants from Cuba, Haiti, Nicaragua and Venezuela.

Those migrants have been warned to leave the country before their permits and deportation shield are cancelled on 24 April, according to a notice posted by the federal government.

The 530,000 migrants were brought into the US under a Biden-era sponsorship process known as CHNV that was designed to open legal migration pathways. Trump suspended the programme once he took office.

It is unclear how many of these migrants have been able to secure another status in the interim that would allow them to stay in the US legally.
The programme was launched under Democratic President Joe Biden in 2022, first covering Venezuelans before it was expanded to other countries.

It allowed the migrants and their immediate family members to fly into the US if they had American sponsors and remain for two years under a temporary immigration status known as parole.

The Biden administration had argued that CHNV would help curb illegal crossings at the southern US border and allow for better vetting of those entering the country.

The Department of Homeland Security on Friday rebuked the prior administration and said the programme had failed in its goals.

The agency's statement said Biden officials had "granted them [migrants] opportunities to compete for American jobs and undercut American workers; forced career civil servants to promote the programs even when fraud was identified; and then blamed Republicans in Congress for the chaos that ensued and the crime that followed".

However, the 35-page notice in the Federal Register said some of those in the US under CHNV might be allowed to remain on a "case-by-case basis".

Karen Tumlin, founder of the Justice Action Center in California, said her organisation is set to challenge the move in court.

She told the BBC the decision hurt people "who did everything right that the US Government asked of them", adding that "their sponsors in the United States paid the fees, filled out the government paperwork, waited in line".

"To say 'oh, we're so sorry, even if you had 18 months left on your grant of permission to be here we're going to pull the rug out from under you in the next 30 days,' it's really quite surprising."

Trump is also considering whether to cancel the temporary legal status of some 240,000 Ukrainians who fled to the US during the conflict with Russia.

CHNV helped a reported 213,000 Haitians enter the US amid deteriorating conditions in the Caribbean country.

More than 120,700 Venezuelans, 110,900 Cubans and over 93,000 Nicaraguans were also allowed into the US under the programme before Trump shut it down.

Last month, DHS announced it would in August end another immigration designation, temporary protected status (TPS), for 500,000 Haitians living in the US.

TPS was granted to nationals of designated countries facing unsafe conditions, such as armed conflict or environmental disasters.

DHS also halted TPS for Venezuelans in the US, although this is facing a legal challenge.

Since taking office in January, Trump's immigration policies have encountered a number of legal hurdles.
 
Meanwhile...

Questions swirl after Trump says he didn’t sign Aliens Enemies Act - so who did?​


Questions around the signature led some to speculate the president may have used an autopen – a device he has criticized

President Donald Trump confused reporters after claiming he “didn’t sign” the presidential proclamation that invoked the controversial Alien and Enemies Act in order to quickly deport migrants the administration says are part of a Venezuelan gang.

When asked by a reporter about signing the proclamation “in the dark” – rather than at the Oval Office desk or in a public capacity as the president has done with other executive actions – the president denied signing it at all.

“I don’t know when it was signed because I didn’t sign it,” the president said.

Instead, Trump appeared to push the blame for invoking the 18th-century wartime law onto “other people” in his administration including Secretary of State Marco Rubio.

“Other people handled it,” Trump said. “But Marco Rubio’s done a great job. And he wanted them out, and we go along with that. We want to get criminals out of our country.”

Despite his claim, the president’s digital signature does appear on the version of the proclamation available on the Federal Register website.

President Donald Trump told reporters on Friday he ‘didn’t sign’ the proclamation invoking the controversial Alien and Enemies Act. That statement has raised questions

President Donald Trump told reporters on Friday he ‘didn’t sign’ the proclamation invoking the controversial Alien and Enemies Act. That statement has raised questions (Getty Images)

The President’s statement immediately raised alarm bells for some.

“If that’s true, if Donald Trump did not actually sign that proclamation, it’s a big problem because the law specifically requires a proclamation by the president,” asked CNN political analyst Elie Honig, according to The Hill.

There were similar questions on social media.

“Trump just said he didn't sign his own EO? This is the guy who claimed Joe Biden's pardons weren't legitimate, because he used an autopen, but he allowed someone else to sign his executive order?” one X user noted.

“If Trump didn't sign the proclamation as he claims then everything that happened after is illegal...lol,” another noted.

The White House later clarified that the president was referring to the original Alien Enemies Act, passed by Congress in 1798 and did sign the recent proclamation that invokes the highly controversial set of laws.

“President Trump was obviously referring to the original Aliens Enemies Act that was signed back in 1798,” White House Communications Director Steven Cheung said in a statement.

“The recent Executive Order was personally signed by President Trump invoking the Alien Enemies Act that designated Tren de Aragua as a Foreign Terrorist Organization in order to apprehend and deport these heinous criminals,” Cheung added.

However, the question that prompted Trump’s answer specifically referred to a federal judge’s criticism of the proclamation that was raised earlier in the day during a court hearing.

Judge James Boasberg asked lawyers for the government why the president’s proclamation was “essentially signed in the dark” on the evening of March 14 and then migrants were “rushed onto planes” on the morning of March 15.


The hearing is part of a challenge to Trump’s attempts to invoke the Alien Enemies Act to rapidly deport, without due process, alleged members of Tren de Aragua, a Venezuelan gang. Those challenging the use of the act say it was done hastily to skirt criminal and immigration laws.

The confusion over Trump’s signature on the proclamation raised also questions over whether the president used an autopen– a mechanical device that uses ink to repeat the signature of an individual - that has recently drawn his own ire.

Though past presidents and their administrations have used autopens, Trump has criticized its use – specifically condemning former president Joe Biden for using it on certain documents. Last week, Trump tried to claim Biden’s use of an autopen should “void” certain documents including presidential pardons.

The Justice Department has said the use of an autopen on official documents is legal.
 
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