Judge blocks Trump from ending Biden migrant parole for 530,000 people

Court says Trump can't undo Biden’s policy without individual reviews.

US Department of Homeland Security emblem is pictured at the National Cybersecurity & Communications Integration Centre (NCCIC) located just outside Washington in Arlington, Virginia September 24, 2010. PHOTO: REUTERS

A federal judge on Monday blocked the Trump administration from revoking legal protections and work permits for more than 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela who entered the United States via a Biden-era humanitarian parole programme.

US District Judge Indira Talwani issued the ruling in response to a legal challenge from migrants enrolled in the CHNV parole programme—named for the initials of the four countries—launched in 2023 under President Joe Biden.

Talwani ruled that the Department of Homeland Security (DHS) cannot terminate these migrants’ status without conducting individual case reviews.

The Trump administration had announced it would terminate the programme and cancel work authorisations as of April 24, citing national security concerns, increased asylum backlogs, and airport pressure, particularly in Florida.

The move would have affected hundreds of thousands who had entered the US legally by air and were allowed to stay for two years, provided they had US-based sponsors and passed health and background checks.

In her 41-page decision, Talwani wrote that while DHS has broad discretion under immigration law, “its actions are not wholly shielded from judicial review.”

She called the administration’s approach “flawed” and “legally insufficient,” noting that revoking status without a case-by-case process violates the rights of those already granted parole.

The Biden administration created the programme as an alternative to unlawful border crossings, allowing up to 30,000 individuals per month from the four countries to enter legally.

As of the end of 2024, the programme had brought 531,690 people to the US, including 110,240 Cubans, 211,040 Haitians, 93,070 Nicaraguans, and 117,330 Venezuelans.

The Trump administration argued that the programme failed to reduce illegal immigration and instead contributed to system strain.

Officials cited 75,000 CHNV recipients applying for asylum, saying the policy did not align with current administration goals and represented executive overreach.

Judge Talwani also granted class certification to the plaintiffs, meaning the order applies collectively to the entire group of CHNV parolees.

Many of the migrants had settled in states like Florida, particularly in South Florida, with support from relatives and sponsors.

“If their parole status is allowed to lapse, [they] will be faced with two unfavorable options: continue following the law and leave the country on their own, or await removal proceedings,” Talwani wrote.

The ruling halts DHS Secretary Kristi Noem’s order—published in the Federal Register on March 25—which had directed migrants to leave by April 24.

Noem has not yet commented on the ruling, but the administration is expected to appeal.

The CHNV programme has been the focus of intense political debate. Republicans argue it was unlawfully broad and improperly used parole authority.

Democrats, civil rights groups, and immigration advocates say it provided a legal lifeline to migrants fleeing failed states and violent regimes.

Historically, US presidents from both parties have used humanitarian parole to allow entry from crisis zones—including Cold War-era Soviet countries and Vietnam.

The Trump administration’s rollback is part of a broader effort to limit legal immigration and tighten control over both lawful and unlawful entry points.

While DHS is still reviewing the court’s decision, officials say deportation efforts will now focus on those migrants who have failed to apply for additional protections, such as asylum, Temporary Protected Status (TPS), or adjustment of status.

RELATED

Load Next Story