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WASHINGTON – President Trump may attempt to deport hundreds of thousands of migrants who recently entered the United States under the grant of final parole, the Supreme Court decided Friday.
Beyond more than two or more opposition, the judiciary granted emergency appeals, secured a Boston judge’s ruling and prevented Trump from abolition of the parole policy adopted by the Biden administration.
That 2023 policy opened the door for Cubans, Haitians, Nicaraguans and Venezuelans to apply for admission and work approval if they have financial sponsors and are able to pass background checks. By the time Biden resigned, 530,000 people from these countries had entered the United States under the program.
Judge Ketanji Brown Jackson and Sonia Sotomayor disputed.
“The court has clearly failed this,” Jackson said.
The unsigned order on Friday is not a final verdict, but it is a strong indication that Trump’s order will be upheld. If she thought her sentence was correct, the majority would not have lifted the judge’s order.
It was the second time in two weeks that the judge supported Trump’s authority to revoke the massive Biden administration that granted some immigrants temporary legal status.
The first revoked program gave the approximately 350,000 Venezuelans in the country a temporary protected status, fearing that they would be sent home.
The parole policy allowed up to 30,000 migrants from four countries to enter the country per month with temporary legal protections. Biden officials saw it as a way to reduce illegal border crossings and provide a safe and legal route for carefully screened immigrants.
The broad policy was based on the modest sound provisions of the immigration law. It said the Secretary of Homeland Security “Temporary parole to the United States… could be asking for admission on a case-by-case basis for emergency humanitarian reasons.
Upon taking office, Trump put an end to the “all-category parole program.” In late March, the Department of Homeland Security’s Christinom Department announced that parole protection would end in 30 days.
However, last month, US District Judge Indira Talwani blocked the parole authorities’ DHS’ “category” termination. The law said the government could grant parole on a “case-by-case basis,” she said, which suggests that it must be revoked on a case-by-case basis.
On May 5, the First Circuit, in a 3-0 decision, agreed that “category termination” of parole was believed to be illegal.
Three days later, D. Attorney General John Sauer filed another emergency appeal with the Supreme Court, alleging that the judge had stepped over her powers.
He writes that the parole authority is “purely discretionary” in the hands of DHS secretaries, and the law defends the consideration of these decisions.
The Biden administration “granted parole to aliens” from four counties, but said it blocked new policies because Boston-based judges are “categorized.”
He accused them of “unnecessarily maintaining key immigration policies carefully coordinated to block illegal entry, block the privileges of the core enforcement sector and unnecessarily maintaining key immigration policies carefully coordinated to rescind the democratically recognized policies that were significantly characterized in the November election.”
Immigration rights advocates have urged the court to stand aside for now.
Granting the administration’s appeal would “spur a huge amount of unnecessary human suffering,” they told the court.
They said that immigrants “all came to the US with federal permission after each individually applied through US financial sponsors, passing security and other checks abroad, and then all got permission to fly to the government to request parole and then all came to the US with federal permission.”
“Some class members have been here for nearly two years, while others have just arrived in January,” they added.
In response, Sauer argued that there was no basis for complaining with the immigrants. They “accepted parole with the full recognition that the benefits were temporary, discretionary and revocable at any time,” he said.
The Biden administration began offering temporary admission to Venezuelans in late 2022, and expanded the program to people from three other countries a few months later.
Last October, the Biden administration announced it would not provide parole renewal and instructed those migrants to apply it to other forms of relief, such as asylum and temporary protected status.
The exact number of people protected by parole status alone is unknown, and now they may be targeted for deportation. It is also not clear whether the administration will seek to deport many or most of these immigrants.
Recently, parolees attempting to adjust their legal status have hit a disability.
In a memo on February 14th, the U.S. Citizenship and Immigration Agency released all pending benefits requests submitted under the parole program for Cubans, Haitians, Nicaraguans and Venezuelans, as well as another memo for the integration of the program and family for Ukrainians.
The memo said USCIS should implement an “additional screening flag” to identify fraud, public safety or national security concerns. However, on Wednesday, a federal judge in Massachusetts ordered the Trump administration to lift the hold.
The DHS memo said the government could extend paroles for some of those on a case-by-case basis. But Trump’s lawyers said immigrants who are here less than two years could be deported without hearing under the Immigration Act’s “quick removal” provisions.
Talia Inllender, deputy director of the UCLA Law Centre for Immigration and Policy Centre for the UCLA Law School, said the government should not be allowed to strip people of legally recognized legal status without adequate reasons or notice.
Inrender, who defended the program against a challenge from Texas in 2023, said he hopes the Trump administration will have a quick individual legal challenge to the use of rapid removal.
“There are so many people living in line,” Inlender said. “These people did everything right. They applied and vetted through a legitimate program, and to pull out the rug like this, it should be offensive to our own ideas of what justice in this country is.”
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