Supreme Court allows Trump to revoke Biden’s parole program; Sotomayor, Jackson issue scathing dissent

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Supreme Court allows Trump to revoke Biden’s parole program; Sotomayor, Jackson issue scathing dissent

The Supreme Court on Friday 

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 Trump administration’s emergency request to revoke former President Biden’s parole program that extended legal protections to hundreds of thousands of migrants from four Latin American countries.

It marks the second time the high court has sided with the administration’s efforts to rescind a group of migrants’ temporary legal status, part of President Trump’s sweeping immigration crackdown that has sparked a burst of lawsuits.

The justices in the majority did not explain their reasoning. Justices Sonia Sotomayor and Ketanji Brown Jackson, two of the court’s three Democratic appointees, dissented.

The duo said their colleagues failed to consider the immense harm to migrants whose lives would be thrust into limbo, risking their removal from the country well before the legal issues in the case reach a resolution — including the potential for an ultimate victory by migrants, allowing them to remain in the U.S.

“It requires next to nothing from the Government with respect to irreparable harm. And it undervalues the devastating consequences of allowing the Government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending,” wrote Jackson, joined by Sotomayor.

“It is apparent that the Government seeks a stay to enable it to inflict maximum predecision damage.”

Lower courts had previously rejected the administration’s attempt to end the two-year parole given to 532,000 migrants from Cuba, Haiti, Nicaragua and Venezuela, saying Trump’s Department of Homeland Security failed to conduct the necessary case-by-case review. 

The Biden administration started the parole program as a way to ease pressure at the border.

Migrants from the four countries could apply in advance to enter the U.S. and be given a two-year work permit so long as they could secure a U.S.-based financial sponsor.

But the program earned gripes from Republicans who saw it as an abuse of humanitarian parole, saying the concept of waiving requirements for those who might not otherwise meet immigration standards should only be done on a limited, case-by-case basis.

Trump has also sought to rescind Temporary Protected Status (TPS) for both Venezuelans and Haitians, with the Supreme Court siding with Trump in lifting a lower court ruling blocking him from ending the protections from deportation for some 300,000 Venezuelans.

However, there has been a small pocket of pushback from within the GOP to the end of both types of status.

All four countries contribute to immigrant communities that are strongholds of the Miami area, and a trio of South Florida GOP lawmakers have asked the Trump administration to rethink its wholesale rescission of both parole and TPS, instead revoking it on a case-by-case basis.

“Obviously I understand what the president is doing and the administration is doing,” Rep. Mario Diaz-Balart (R-Fla.) told The Hill.

“But logic would tell you that you probably have a better chance to have legitimate asylum claims if you’re coming from places like Cuba, Venezuela.” 

While the Friday high court ruling suspends a lower court decision protecting parole for the four countries, it does not lift an additional ruling from U.S. District Judge Indira Talwani that protects other types of parole given under the Biden administration, including for Afghans and Ukrainians.

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