How this US Supreme Court ruling on CHNV program may impact Indians

(Representative Image)

The US Supreme Court’s decision to end the CHNV humanitarian parole program could have sweeping consequences beyond Cuba, Haiti, Nicaragua, and Venezuela, potentially affecting future asylum and parole pathways for Indian nationals as well, reported The Economic Times.

CHNV refers to a parole initiative launched by the US Department of Homeland Security (DHS) for nationals of Cuba, Haiti, Nicaragua, and Venezuela. With the court’s latest ruling upholding its termination, about 532,000 people could now be returned to their home countries.

“We can immediately expect this ruling to be cited by the Trump administration in litigation for every baseless, improvident, and even unlawful immigrant protection program termination going forward,” Brian Murray, senior partner at Murray Osorio, told ET. Indian asylum seekers—who are not primary beneficiaries of CHNV—may still feel the ripple effects.

According to DHS data cited by ET, Indian nationals granted asylum rose 855% from 4,330 in FY21 to 41,330 in FY23.

“Even Indian and South Asian asylum seekers, though not direct beneficiaries of parole in large numbers, are indirectly affected,” said Tushar Kumar, advocate at the Supreme Court of India. “Many are held at the southern US border or released on limited humanitarian grounds pending adjudication. Should the current precedent be extended, they may face longer detentions, reduced access to discretionary relief, and a heightened evidentiary burden to establish grounds for asylum, constricting access to justice.”

Deepak Ahluwalia, managing partner of Singh Ahluwalia Immigration Law Firm, told ET that dismantling CHNV sets a precedent for ending broader humanitarian protections. “Populations relying on mass parole programs and potentially vulnerable Indian or South Asian nationals fleeing political or religious persecution could face barriers to entry,” he said. “The current administration is ripping each fabric of our immigration policy—little by little.”

Samuel McTyre, principal at McTyre Gutierrez PLLC, said the ruling would allow future administrations to “change or completely cancel humanitarian parole programs without needing to assess individual cases.”

“This termination could result in painful family separations and the forced return of individuals to potentially dangerous environments,” McTyre warned. “The CHNV program enabled migrants to work legally, contributing to vital sectors such as healthcare, construction, and hospitality. Revoking their work authorization could lead to considerable labor shortages and broader economic disruptions.”

McTyre estimated the economic cost could reach up to $5.5 billion annually.

Kumar told ET that the ruling also puts the US in conflict with its international obligations under the principle of non-refoulement. “The essence of non-refoulement lies in the guarantee that no person shall be returned to a territory where they face threats to life or liberty,” he said, adding that the ruling will also strain the domestic system. “Over time, this will deepen the burden on asylum officers and immigration judges, who are already confronting backlogs exceeding 2 million cases.”