Judge temporarily halts Trump admin move to end Biden-era migration program
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President Trump and Homeland Security Secretary Kristi Noem in Vandalia, Ohio, in 2024. Photo: Kamil Krzaczynski/AFP via Getty Images
A federal judge on Monday temporarily blocked the Trump administration from revoking a Biden-era migration program for people from Cuba, Haiti, Nicaragua and Venezuela.
Why it matters: It's a blow for President Trump's hardline immigration crackdown and a win for half a million people in the U.S. given temporary legal status under the CHNV Program, who were facing possible deportation after its scheduled end on April 24.
Driving the news: U.S. District Judge Indira Talwani in Boston, Massachusetts, issued a stay of the order, saying "the early termination, without any case-by-case justification, of legal status for noncitizens who have complied with DHS programs and entered the country lawfully undermines the rule of law."
- If the parole status of those on the program were allowed to lapse, they'd face "two unfavorable options: continue following the law and leave the country on their own, or await removal proceedings," Talwani wrote.
- "If Plaintiffs leave the country on their own, they will face dangers in their native countries, as set forth in their affidavits," she added.
- "For some Plaintiffs, leaving will also cause family separation. Leaving may also mean Plaintiffs will have forfeited any opportunity to obtain a remedy based on their APA [Administrative Procedure Act] claims, as leaving may moot those claims."
Zoom in: People on the program are allowed to enter the U.S. by plane after being vetted.
- They must also have sponsors in the U.S. before being provided protection from deportation and issued with work permits for two years.
What they're saying: "This ruling is a significant step toward justice for not only the hundreds of thousands of people who entered the U.S. through this important process, but for the American sponsors who welcomed them to their homes and communities," said Karen Tumlin, founder and director of immigrant advocacy group Justice Action Center, in a statement.
The other side: Trump administration officials said the judge "essentially ruled" that the president "can't use his own executive authority, the same authority Biden used, to revoke the parole that Biden granted," per Fox News.
- "It is pure lawless tyranny," a Trump administration spokesperson told the outlet.
- A Department of Homeland Security spokesperson in an emailed statement Tuesday afternoon called the Biden-era parole program "reckless."
- They added Homeland Security Secretary Kristi Noem "will use every legal option at the Department's disposal to end this chaos, prioritizing the safety of Americans."
Representatives for the White House, the Justice Department, Customs and Border Protection and U.S. Citizenship and Immigration Services did not immediately respond to Axios' request for comment in the evening.
Flashback: Biden admin to resume migrant sponsor program with new safeguards
Editor's note: This article has been updated with comment from a DHS spokesperson.
