Supreme Court allows Trump administration to cancel legal status for half-million immigrants

The Washington Post

The Supreme Court has given the Trump administration the go-ahead to begin deporting about a half-million immigrants from Cuba, Haiti, Nicaragua and Venezuela who entered the U.S. legally under “humanitarian parole” programs implemented during the Biden administration.
Prior to the ruling, immigrant rights advocates said they expected that if the Supreme Court ruled in the administration’s favor it would move quickly to end those other parole programs.
“We had a great decision from the Supreme Court, thank goodness,” Trump said.
In February, immigrant rights advocates filed a class-action lawsuit in federal court in Boston, seeking to block the Trump administration from making broad changes to the Biden-era parole programs.
Due to the requirements for the parole programs, immigration officials have a lot of data about the recipients, including address information, according to the advocates.

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The Trump administration has been authorized by the Supreme Court to start deporting roughly 500,000 immigrants who came to the United States from Cuba, Haiti, Nicaragua, and Venezuela. S. . lawfully through “humanitarian parole” initiatives put in place during the Biden presidency.

A district judge’s earlier decision to block the administration’s mass cancellation of the programs was overturned by the high court’s one-paragraph order, which did not provide an explanation of the court’s reasoning.

Now, the immigrants who came through the programs will no longer be able to work in the United States. S. and face immediate deportation, even though many are anticipated to apply for asylum or other comparable protections.

Ketanji Brown Jackson and Sonia Sotomayor, two justices appointed by Democrats, dissented.

In an eight-page dissent, Jackson and Sotomayor wrote that the majority’s decision to permit the administration to terminate the programs while legal challenges were still pending would “facilitate needless human suffering” and unleash “devastation” on the impacted immigrants.

Homeland Security Secretary Kristi Noem granted participants in the so-called CHNV parole programs 30 days to depart the United States after rescinding their legal status in March. S. . The following month, however, a federal judge in Boston blocked Noem’s move, ruling that officials could only terminate individual parole grants early on a case-by-case basis and that “en masse” termination of the groups’ immigration status was probably illegal.

The administration’s emergency appeal to lift the block while the lawsuit is pending was granted by the high court.

About 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela are directly impacted by the decision, but other 500,000 who are permitted entry into the United States may also be impacted. S. under the same parole clause, such as Central American children, Afghans, and Ukrainians.

Before the decision, proponents of immigrant rights stated that they anticipated fast action to terminate those other parole programs in the event that the Supreme Court decided in the administration’s favor.

Jackson’s dissent criticized the majority for incorrectly applying its traditional standards for evaluating emergency appeals, even though the court did not provide an explanation for its decision, as is customary for decisions on the court’s emergency docket.

“Today’s assessment was blatantly mishandled by the Court,” Jackson wrote. Regarding irreparable harm, it calls for very little action from the government. Furthermore, it downplays the terrible repercussions of permitting the government to abruptly disrupt the lives and means of subsistence of almost half a million noncitizens while their legal claims are still pending. “.”.

Both President Donald Trump and his advisors applauded the high court’s decision.

“Thank God, we got a great Supreme Court decision,” Trump remarked. That held great significance. “.”.

Although neither the Supreme Court nor any other court has declared that the Biden-era programs were unlawful, deputy White House chief of staff Stephen Miller stated, “You can’t have a situation where the Biden administration can fly in half a million illegal aliens in the last 24 months, and we’re having a conversation about, ‘Oh, maybe they should get to stay for life.'”. The planes can travel in two directions, which is good news. “”.

Ahead of the Supreme Court’s ruling, some immigration advocates who support the parole program said they hoped the court would at least require the 30-day advance notice that Noem included in her March announcement if the justices permitted the administration to terminate the programs. In its decision on Friday, however, the high court did not impose such a condition.

Karen Tumlin of the Justice Action Center, one of the immigrants’ attorneys, stated that the ruling will immediately instill fear.

According to Tumlin, “the Trump administration’s mass deportation fantasy is about to have its consequences.”. To be clear, this is for a group of people who were lawful until this morning but were forcibly deported overnight by the Trump administration, which should chill everyone to their core. “.”.

In 2022 and the first part of 2023, Biden started the parole program for Venezuelans, Cubans, Haitians, and Nicaraguans. His goal was to control politically damaging chaos scenes at the U.S. S. . by preventing the uncontrolled influx of migrants into border communities.

Trump frequently criticized the Biden policy during last year’s presidential campaign, claiming it placed people from some of the most dangerous nations in American communities. S. .

Trump said, “I’ll stop all of the migrant flights into our country on the first day of my new administration,” at a rally in Wisconsin last September. Trump signed an executive order on the first day of his second term, which included a number of changes to immigration policy, including ending the parole programs.

In February, a class-action lawsuit was filed in federal court in Boston by immigrant rights advocates who wanted to prevent the Trump administration from making significant changes to the parole programs that were in place during the Biden administration. Immigration parole can only be granted or revoked on a case-by-case basis, according to the lawsuit, and applicants must be given the chance to provide proof of their unique situation.

As of April, U. S. Only immigrants from Cuba, Haiti, Nicaragua, and Venezuela were covered by District Judge Indira Talwani’s stay, which prevented “categorical truncation” of immigration parole.

Obama appointee Talwani wrote, “The Secretary must attend, in some way, to the reasons an individual alien received parole.”.

When Solicitor General John Sauer requested immediate relief from the Supreme Court, he pointed out that the parole programs’ announcements made it apparent that the protections were optional and subject to revocation.

In 2023, Alejandro Mayorkas, the Home Security Secretary at the time, wrote, “DHS may terminate parole in its discretion at any time.”.

Since Congress has taken away federal district courts’ ability to review immigration parole decisions, Sauer contended that the legal challenge to the revocation was invalid. The justices should use the case “to correct a recent, destabilizing trend” of district court judges ruling on the legality of national immigration policies, he added.

The administration wants to swiftly deport some recipients under a legal process known as expedited removal, which bypasses the backlogged immigration courts, Sauer indicated, even though he acknowledged that participants in the parole programs could file asylum claims.

Advocates for immigrant rights say they think the administration sees the hundreds of thousands of parolees as potential targets for immigration officials to increase deportations, which have reportedly been falling short of the volume that White House officials have been requesting. According to the advocates, immigration officials have a wealth of information about the recipients, including address details, because of the requirements for the parole programs.

Nonetheless, the termination of the parolees’ legal status might cause a greater political backlash than other aspects of Trump’s crackdown on both legal and illegal immigration.

Participants in the CHNV programs needed to locate a sponsor in the United States. S. more often a relative. It appears that many citizens and long-term legal residents who sponsor others who are about to lose their legal status will be incensed by the move.

Also, thousands of parolees have relocated to Florida, where the Cuban community has long held political clout and where Democratic and Republican candidates are increasingly courting the Venezuelan and Haitian communities.

Less than two weeks prior, the Supreme Court had granted the administration another emergency immigration request, enabling officials to revoke the temporary protected status of about 350,000 Venezuelans. This latest action follows that decision. That program stopped deportations and granted work permits to those who qualified, targeting citizens of nations that have seen natural disasters or unstable situations that make it unsafe to return.

It was written with assistance from Myah Ward.

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