A federal judge on April 10 said she would block the Trump administration from revoking the temporary legal status of hundreds of thousands of Venezuelans, Nicaraguans, Haitians, and Cubans residing in the United States.
The notice was scheduled for formal publication in the Federal Register on March 25.
“Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before their parole termination date,” Homeland Security Secretary Kristi Noem said.
The notice notes that the secretary may revoke parole if she determines that “neither urgent humanitarian reasons nor significant public benefit warrants the continued presence of the alien in the United States” or when “the purpose for which it was authorized has been accomplished.”
Talwani said the Trump administration’s plan to expose hundreds of thousands of immigrants to expedited deportation was based on an incorrect reading of the statute overriding the process.
She said the applicable law was directed at those who cross the border illegally and provides a process for expediting their removal. It’s not relevant to noncitizens who were given permission to enter the country legally under a grant of parole.
“What you’re prioritizing is not people coming over the border but the people who followed the rules,” Talwani said.
While speaking to reporters outside the courthouse on Thursday, Laura Flores-Perilla, a lawyer for the plaintiffs with the immigrant advocacy group Justice Action Center, said she hoped Talwani would quickly move toward finalizing her ruling that would block the Trump administration from revoking the noncitizens’ parole status.
Flores-Perilla described the Biden-era humanitarian parole programs as necessary for giving people fleeing violence or persecution in their native countries a chance to create a better life for themselves and their families in the United States.
“The stakes are quite high,” Flores-Perilla said. “These are human lives at stake, and the urgency is very much there.”
The Departments of Justice and Homeland Security did not respond to requests for comment by publication time.
Immigrant advocacy groups previously sued to challenge Trump’s decision to pause or end various Biden-era programs that granted parole to Venezuelan, Nicaraguan, Haitian, Cuban, Afghan, and Ukrainian immigrants.
While that case was pending, Trump then moved to end the CHNV program, which effectively meant the immigrants granted parole could no longer lawfully stay in the United States after the dates listed in the administration’s notice.
Biden first launched CHNV for Venezuelans in 2022 but expanded it to Nicaraguans, Cubans, and Haitians a year later as a way to reduce illegal border crossings by flying eligible immigrants directly to America.
Up to 30,000 immigrants from the four countries are allowed into the United States each month under the program as long as they meet certain criteria, including having a U.S. sponsor who will support them financially.
Justice Department lawyer Brian Ward said during Thursday’s hearing that the humanitarian parole programs were intended to be discretionary and that there was nothing that requires Noem to revoke parole on a case-by-case basis.
However, Talwani said she would not move to require the Department of Homeland Security to continue accepting new applicants for the programs.
“It is not my job to get into the larger policy question,” the judge said.
She noted that she found the administration’s reasoning for revoking the temporary status of people already in the country legally confusing and will soon release an order to pause the Federal Register notice.
