On February 19, 2025, CBS News sent shockwaves through Ukrainian, Cuban, Haitian, Nicaraguan, and Venezuelan communities when it broke a story about an internal policy at U.S. Citizenship and Immigration Services (USCIS) to indefinitely suspend the processing of immigration benefit applications filed by UFU and CHNV parolees. This policy is tied to the January 20, 2025, executive order, Securing Our Borders, which the Administration claims is aimed at combating fraud. However, no documentation or evidence of widespread fraud related to these parole programs has ever been made public.
Neither CBS nor any other news source was able to obtain or publish the actual memorandum detailing this policy. As a result, the existence of the policy remained unconfirmed until last week, when affected applicants began receiving notifications in their USCIS online accounts. This screenshot shows one such message, which explicitly states that their applications have been paused, providing the first concrete confirmation of the policy’s implementation and its widespread impact on immigration benefits for UFU and CHNV parolees.
This development raises significant concerns about due process, employment authorization, and the legal limitations of USCIS’s authority. While the memo does not explicitly prohibit the filing of new applications, it does indicate that any benefits filed by UFU and CHNV parolees—including Temporary Protected Status (TPS), asylum, adjustment of status (green cards), and work authorization—will not be adjudicated until further notice.
This article breaks down what we now know, what legal challenges are underway, and what affected individuals should do next.
USCIS Lacks the Authority to Refuse Immigration Applications
Despite the chilling effect of the memo, it is critical to understand that USCIS does not have the legal authority to prevent individuals from filing applications for benefits and statuses permitted under the Immigration and Nationality Act (INA).
Federal law explicitly outlines the right of noncitizens to apply for various immigration statuses, including asylum, adjustment of status, and nonimmigrant visas. While USCIS may claim the authority to pause adjudication of these applications, they cannot prevent individuals from submitting them in the first place. Therefore, eligible individuals should continue to file their applications. A pending application may provide certain legal protections, as discussed below.
The Suspension of Processing Is Already Being Challenged in Court
While USCIS may attempt to justify its decision on national security or fraud prevention grounds, legal challenges to the policy are already underway. A class action lawsuit has been filed challenging the legality of the suspension. Plaintiffs argue that USCIS does not have the discretion to halt the processing of applications on such a broad basis, particularly for individuals who are legally entitled to seek permanent or temporary status. More details on this lawsuit can be found here.
Given that litigation is ongoing, there is a possibility that a court may issue an injunction requiring USCIS to resume processing these applications. However, until there is a ruling, individuals should prepare for delays and potential disruptions in obtaining work authorization and other benefits.
Filing Before Status Expiration Can Provide Important Legal Protections
Even with this pause in place, filing an immigration application before the expiration of current status remains a crucial legal strategy. Pending applications can provide a measure of protection against removal (deportation). Individuals who have UFU or CHNV parole, as well as those who have since obtained TPS or another temporary status, should consider filing for benefits to maintain a record of legal compliance.
That said, one of the most immediate concerns for affected applicants is employment authorization. Many applicants rely on pending asylum applications or adjustment of status applications to qualify for work permits. Because of the USCIS memo, these work permits may be significantly delayed or outright unavailable unless the lawsuit successfully overturns the suspension. Applicants who depend on employment authorization should seek legal counsel to assess alternative options for maintaining their ability to work legally.
Conclusion
The confirmation of USCIS’s policy of suspending the processing of immigration benefits for UFU and CHNV parolees presents a significant legal challenge, but it does not mean that individuals should stop applying for benefits. USCIS cannot legally block applications from being filed, and a class action lawsuit is already challenging the agency’s authority to pause processing. While delays and disruptions—especially in employment authorization—are likely, maintaining legal status and pursuing available options remain essential strategies.
Those affected should stay informed, seek legal guidance, and continue to assert their rights under U.S. immigration law. As the legal battle unfolds, policy changes may occur, potentially restoring access to immigration benefits for thousands of parolees caught in this bureaucratic limbo.
If you or someone you know has been affected by USCIS’s suspension of immigration benefit applications for UFU and CHNV parolees, do not wait. Green and Spiegel’s experienced attorneys can guide you through this complex situation and help protect your legal rights. Whether you’re concerned about maintaining status, work authorization, or understanding your options, our team is here to provide the support you need. Contact us today to schedule a consultation and ensure your immigration strategy stays on track despite this new policy.
