ARTICLE
22 July 2025

State Of Humanitarian Immigration And What Alternative Options May Be Available

Garfinkel Immigration Law Firm

Contributor

Garfinkel Immigration Law Firm, founded in 1997, represents Fortune 100 companies and businesses of all sizes in the U.S. and worldwide. The Firm also assists individuals with investor and family-based immigration matters. Garfinkel Immigration’s top priority is to provide high-quality legal services to the businesses and individuals it serves.
The second Trump administration took office in late January 2025 and almost immediately started overhauling United States' immigration policies.
United States Immigration

The second Trump administration took office in late January 2025 and almost immediately started overhauling United States' immigration policies.

Since that time, the administration has cancelled, revoked, and/or terminated many humanitarian immigration programs, while some of their actions have been temporarily blocked by the court system.

The current trajectory of the U.S.'s humanitarian immigration programs raises serious concerns. Existing pathways are both limited and strained, while alternative approaches — some promising, others deeply problematic — are explored herein.

Status of humanitarian programs under Trump administration

The humanitarian immigration programs that have already been impacted by the Trump administration, or could be affected in the near future, include Temporary Protected Status (TPS), Uniting for Ukraine (U4U), the CHNV Program, and asylum/refugee programs.

Temporary Protected Status (TPS)

The Trump administration has so far seemed disinclined to renew temporary protected status for many countries. They have also elected to cancel TPS status for many nations.

For example:

Venezuela: United States Citizenship and Immigration Services (USCIS) announced in early June that most Venezuelans who received TPS under the 2023 designation have had their status terminated, including those whose EADs expired in April 2025 and initially received an auto-extension pursuant to a Federal Register notice. The updated guidance came as a result of the Supreme Court lifting a temporary injunction in mid-May which had blocked DHS from terminating TPS for this group of Venezuelans while a lawsuit made its way through the court system.

Haiti: The Trump administration amended a previous notice posted in the Federal Register that extended and redesignated TPS for Haitian nationals from 18 months to 12 months. However, a federal judge blocked this early termination, meaning that as of now TPS is valid for Haitian nationals until February 3, 2026, absent any further judicial rulings.

Nepal: DHS announced it would let TPS for nationals of Nepal expire, with the termination effective as of Aug. 5, 2025. There are more than 12,000 Nepali nationals living in the United States with TPS, according to the Immigration Forum.

Cameroon: Similarly, DHS will also let TPS expire for nationals of Cameroon, effective Aug. 4, 2025. There are more than 5,000 nationals from Cameroon living and working in the United States with TPS, according to the Immigration Forum.

Afghanistan: In mid-May, Secretary of Homeland Security Kristi Noem posted a notice in the Federal Register which terminated TPS for nationals of Afghanistan, effective as of July 14, 2025. The termination could leave more than 11,000 foreign nationals without legal status or work authorization.

South Sudan: The Trump administration did recently extend TPS for nationals of South Sudan, but only for six months, from May 4, 2025, to Nov. 3, 2025.

TPS for Honduras and Nicaragua expired on July 5, 2025 and were subsequently terminated by Secretary Kristi Noem on July 7, 2025, citing improved conditions in both countries. As of the publication of this paper, TPS and work authorization for both Honduras and Nicaragua are valid through September 8, 2025 (60 days after publication of the termination notice in the Federal Register).

TPS is soon set to expire for nationals of Syria (Sept. 30), Burma (Nov.25), and Ethiopia (Dec. 12). The Department of State has not yet made any announcements about the status of TPS for these countries. But, it would be surprising if TPS was extended for these countries, based on similar decisions from the Trump administration during the first few months of its second term.

Uniting for Ukraine

In April 2022, the Biden administration created the "Uniting for Ukraine" ("U4U") initiative, which streamlined the process for granting Ukrainians who were fleeing Russia's invasion of the country humanitarian parole into the U.S. The program required that Ukrainians have a U.S. sponsor, and pass biometric, biographic and security screenings.

The Trump administration, however, stopped accepting new applications for the parole program shortly after taking office, following the issuance of two executive orders entitled "Securing our Borders" and "Protecting the American People Against Invasion." These executive orders instructed the Secretary of Homeland Security to "terminate all categorical parole programs that are contrary to the policies of the United States," and to ensure that "parole authority ... is exercised on only a case-by-case basis."

Ukrainians who entered the country under the program can remain in the United States for as long as their parole period is valid. However, no new travel authorization, sponsorship or re-parole applications are being accepted or adjudicated during the pause.

While no final determination has been made about the "Uniting for Ukraine" initiative, it seems the Trump administration is unlikely to resume the program, based on its previous decisions about humanitarian parole programs.

Alternatively, Temporary Protected Status (TPS) is still valid for Ukrainians until at least Oct. 19, 2026.

CHNV Parole Program

The Department of Homeland Security announced in mid-June it was ending the Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) Parole Program, effective immediately. DHS said it will send notices of the cancellation directly "to the email addresses provided by the parolees." The parole program was initially created by former President Joe Biden in 2022.

DHS issued a notice in March in the Federal Register attempting to end the program, but a temporary injunction blocking that order was issued by a judge from the U.S. District Court for the District of Massachusetts. However, the Supreme Court lifted that injunction in late May, clearing the way for the DHS announcement of termination.

The cancellation of this parole program could potentially leave more than 500,000 foreign nationals without status or work authorization in the United States.

Asylum/Refugee seekers

The Trump administration has severely restricted foreign nationals' ability to apply for asylum or refugee status since taking office for its second term.

On the first day of his second term, Trump indefinitely suspended the entry of refugees into the United States as part of his "Realigning the United States Refugee Admissions Program" executive order. He also directed the Secretary of Homeland Security to "suspend decisions on applications for refugee status."

Further, the Trump administration shut down the CBP One app, which was created by the Biden administration and allowed asylum seekers to schedule appointments to enter the United States at a border crossing.

These actions have cut off many pathways for foreign nationals to seek refugee and/or asylum status in the United States. Moreover, the recent "Big Beautiful Bill," which was passed by both Houses of Congress and signed into law by Trump in July, implemented fees for asylum applications ($100 per application, plus $100 fee per year for pending applications) and additional costs and requirements for work authorization ($550 initial fee, plus $275 per renewal). Advocates worry that this may make access to asylum claims even more difficult and/or unaffordable.

Alternative options that may be available

Foreign nationals who once held legal status and work authorization under now-dismantled or scaled-back humanitarian programs may still have limited pathways available – though these are increasingly precarious under the current administration's restrictive policies. Those who have been impacted by the above terminations should consult with experienced immigration law counsel immediately to discuss whether any of these pathways are strategies for them to remain in the U.S.

Humanitarian-based strategies

In rare circumstances, there may be an alternative humanitarian-based option available for those who could be at risk of losing status. For example, Military Parole in Place (PIP) may be available for a select group of foreign nationals who are spouses, widows(ers), parents, and/or children (regardless of age) of current or past United States military service members.

U visas are available for "victims of certain crimes" while T visas allow "certain victims of a severe form of trafficking in persons to remain in the United States," although the Trump administration may seek to change some aspects of those programs.

Further, as mentioned above, eligible Ukrainians may seek Temporary Protected Status with the "Uniting for Ukraine" initiative paused, while the Cuban Adjustment Act could provide a green card pathway to some Cuban nationals.

Additionally, some foreign nationals may be eligible to apply for asylum, if they file while still in valid status or, potentially, within one year of losing their valid status, depending on circumstances.

Overall, these options are limited to specific groups of foreign nationals.

Family-based strategies

Those who have a qualifying relative may be sponsored through a family-based pathway. For example, foreign nationals with a U.S. citizen child, spouse, or sibling could be eligible for family-based green-card sponsorship. Green card holders also have the option to sponsor a spouse, child 21 years of age or younger, or unmarried child older than 21.

However, family-based pathways are only available to foreign nationals who have a lawful entry into the United States. Further, unless the foreign national is considered an "Immediate Relative" of the U.S. citizen, then the foreign national will need to maintain an alternative immigration status in order to apply for a green card from within the U.S.

For instance, foreign nationals who came to the U.S. via the Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) Parole Program are considered to have a lawful entry into the country. Those with TPS who received advance parole or travel permission also fit this criteria.

Employment-based strategies

TPS holders or foreign nationals who entered the country via the CHNV Parole Program could have the option to change status to an employment-based nonimmigrant visa, depending on their occupation, education level, and other factors.

Some of those options could include H-1B (specialty occupation), L (intracompany transfer), O-1(extraordinary ability), R-1 (religious worker), E-1 or E-2 (treaty trader, treaty investor), and potentially other temporary visas could be available, provided the foreign national has the necessary position, an employment offer/position, and/or an employer sponsor.

There may also be pathways for legal status and employment authorization if a foreign national is a dependent (spouse, unmarried child less than 21 years of age) of someone with one of these visa types.

In some rare circumstances, foreign nationals who have lost status may apply to adjust directly to an immigrant visa (green card), if they meet all eligibility criteria, have an offer of permanent employment and an employer sponsor.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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