The Trump administration has asked the U.S. Supreme Court to intervene in a fast-moving legal battle over the fate of more than half a million immigrants who were granted legal entry to the United States under a Biden-era humanitarian parole program.

In an emergency appeal filed Thursday, U.S. Solicitor General John Sauer urged the high court to lift a lower court ruling that currently blocks the administration from dismantling the program — which has provided temporary legal status to nationals from Cuba, Haiti, Nicaragua, and Venezuela. The program, implemented under President Biden, allowed 532,000 individuals from these countries to enter the U.S. lawfully for humanitarian reasons.

The appeal comes in response to a decision last month by U.S. District Judge Indira Talwani, who ruled that the Department of Homeland Security (DHS) could not revoke the migrants' legal status en masse without first conducting individualized, case-by-case reviews. Talwani's decision temporarily halted an order by DHS Secretary Kristi Noem, which sought to rescind parole status for all beneficiaries within weeks.

Sauer sharply criticized the ruling, arguing that the district court had overstepped its authority by second-guessing a discretionary policy decision that Congress explicitly entrusted to the executive branch. “That discretionary rescission of a discretionary benefit should have been the end of the matter,” Sauer wrote, emphasizing that decisions like these must remain with DHS and the Secretary, who are best positioned to weigh national security, foreign policy, and immigration priorities.

While the immediate request is for a temporary stay of the lower court's injunction, the implications are significant. If the Supreme Court grants the stay, the Trump administration would be free to revoke the legal status of hundreds of thousands of individuals while litigation continues in the lower courts — potentially resulting in mass deportations and widespread legal uncertainty for parole recipients.

But the appeal is also part of a larger strategy. Sauer used the filing to argue for limiting the power of district courts to issue broad rulings that disrupt federal immigration policy. He criticized what he called a “destabilizing trend” in which lower courts have issued sweeping decisions with national impact, even in cases that Congress intended to be resolved through the specialized immigration court system.

This isn't the only immigration case the Trump administration currently has before the Supreme Court. It's also seeking to:

• Terminate Temporary Protected Status (TPS) for roughly 600,000 Venezuelans;

• Use powers under the Alien Enemies Act to deport Venezuelans allegedly connected to violent gangs;

• Overturn multiple rulings blocking an attempt to end birthright citizenship for certain children born in the U.S.

The high court is set to hear arguments next week in several of these cases during a rare oral argument session. Whether the justices will address the controversial birthright citizenship proposal remains to be seen.

At Saluja Law, we are watching these developments closely. If you or someone you love is impacted by humanitarian parole, TPS, or birthright citizenship issues, don't wait for policy changes to upend your life. Contact us today to understand your rights and explore your legal options.

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