The termination of temporary protections by the Department of National Security for half a million migrants on probation exceeded the evidence of a Federal Court of Appeals, which reinforces the legal basis of the efforts of the Trump administration to attack humanitarian probation programs.
The plaintiffs who challenge the revocation of the humanitarian parole of Biden have not strongly demonstrated that the measure was arbitrary and capricious, as the Court of Appeals of the First Circuit of the United States ruled on Friday by revoking the decision of a lower court.
The Supreme Court has allowed the Government to proceed with the revocation of probation concessions by approved an emergency application for the DHS to ignore an order of a district court that blocks the expulsion of these immigrants while the litigation develops.
The Government has taken measures to dismantle a wide range of temporary humanitarian programs, discontinuing refugee resettlement, restricting asylum and suspending the entrance through several probation roads.
Judicial opinion allows the beneficiaries of the Parole to remain legally in the US
He has also sought to eliminate humanitarian aid for hundreds of thousands of immigrants as part of the mass deportation agenda of President Donald Trump, including many Haitians, Nicaraguans and Venezuelans protected by the Status of Temporary Protection (TPS).
Although it faces multiple judicial resources for the cancellation of the TPS, the probation litigation is one of the first cases related to temporal protections for immigrants that advances to the instance of appeal.
A Federal Judge of Boston determined in an April order that the cancellations were probably illegal because the Secretary of National Security, Kristi Noem, issued a general cancellation of the protections.
However, the Immigration and Nationality Law “favors an interpretation that the requirement of ‘case by case’ only limits the discretion of the secretary to grant probation” and does not limit cancellations, wrote in the opinion the judge of the Court of Appeals Gustavo Gelpí Jr., appointed by Biden. The case was also seen by William Kayatta Jr., designated by Obama, and Lara E. Montecalvo, designated by Biden.
The dismantling of a series of probation programs is part of a broader agenda to reduce temporary humanitarian aid for immigrant groups.
“Today’s news harms everyone, not only our clients and the members of collective lawsuit,” said Esther Sung, legal director of the Center for Action for Justice and lawyer of the plaintiffs. “
“The people who came from Cuba, Haiti, Nicaragua and Venezuela did everything the government asked them, and the Trump administration, cruelly and foolishly, breached their part of the treatment.”
