U.S. Supreme Court Drew Angerer/Getty Images Closed subtitles
The Supreme Court on Friday The Trump administration is allowed to temporarily suspend a humanitarian program that allows nearly 500,000 people from Cuba, Haiti, Nicaragua and Venezuela to enter the United States and stay here legally for two years.
The move to suspend in this case means that under the plan, Cubans, Haitians, Nicaraguans and Venezuelans who are scheduled to be temporarily parole known as CHNV will lose their temporary legal status in the United States and are likely to be deported when litigated in the case.
The court did not make a reason in a brief order. But, for some time Justice Suthomayor joined Jackson, who Jackson wrote that the court “has clearly irreparable harm to this assessment today, which is irreparable to everyone recognized by the program.
"It underestimates allowing the government to dramatically subvert the lives and livelihoods of nearly 500,000 non-citizens, and their legal requirements hold legal requirements," Jackson wrote in the Dissent.
The plan was formulated by the Biden administration in 2021 and then again in 2023, allowing individuals from four countries to temporarily enter the United States for humanitarian reasons, usually because the conditions of their home country pose a threat to their security.
The federal law authorizing this humanitarian “parole” can be traced back to the Immigration and Nationality Act of 1952. It was originally intended to provide temporary entry to approximately 30,000 Hungarians after it fled Soviet rule and subsequent attempts to repression failed. In the decades since, every administration, including the first Trump administration, has used parole programs to meet certain urgent immigration needs, allowing individuals who are screened and approved to enter the U.S. if they have U.S. sponsors willing to provide financial and other support. Individuals who grant this temporary status can apply for asylum or some other more permanent identity here.
Cuba, Haiti, Nicaragua and Venezuela parole programs, known as the CHNV program, are similar to the Russian invasion of Ukraine in Ukraine, when about 200,000 people were granted temporary parole, while the U.S. military evacuation from Afghanistan, at that time there were more than 76,000 Afghans, and many of them were there to help us. So far, the Trump administration has not tried to terminate the Ukrainian plan, but the plan ends the July 14 Afghan plan.
However, President Trump signed an executive order on the day he took office directing the Department of Homeland Security to end the "all classification parole program." In March, Department of Homeland Security Secretary Kristi Noem formally announced the termination of the CHNV parole procedure and announced the immediate termination of it and the cessation will apply to all persons currently participating in the program. This is the first collective termination of the program. Noem's order says the interests of parole and their two-year dependence on the government's commitment to protection are outweighed by the government's "strong interests" through expedited evacuation rather than expelling them under the normal evacuation process of the Immigration and Nationality Act.
A group of individuals who guaranteed temporary protection for two years, their sponsors challenged Norm's order in court, and Massachusetts' federal district court judge ruled their responsibility. Judge Indira Talwani said the secretary tried to speed up the evacuation of individuals who had promised to protect the remaining two years in the United States, and the judge also said the secretary's two-year term ended in violation of the statutory requirement, which could only be determined on a case-by-case basis. For these and other reasons, the judge ordered the DHS to suspend all existing CHNV parole cutoffs for further review.
The First Circuit Court of Appeals refused to intervene immediately but directed the government to seek expedited appeals in the case. However, the government appealed directly to the Supreme Court, demanding the revocation of the District Court order.
It believes that the secretary's decision to cut off the Biden administration's two-year term is unexamined by the court. It argues that nothing in the regulation requires parole treatment on a case-by-case basis, and that requiring a case-by-case termination is extremely arduous for the government. Indeed, the administration believes that all it does is modify the Biden administration's extended two-year term and replace it with a shorter protected status. Finally, the government believes that the court cannot review actions related to the parole scheme.