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Appeals Court Allows Trump to End Parole Protections for 430,000 Cuban, Haitian, Nicaraguan and Venezuelan Migrants

The 1st Circuit lifted a lower-court stay after concluding the challengers had not shown a strong likelihood of success on the merits.

FILE - Employees work inside a franchise of "Sabor Venezolano," one of 18 businesses owned by Wilmer Escaray which employ scores of Venezuelan immigrants with Temporary Protected Status (TPS) in Doral, Fla., May 20, 2025. (AP Photo/Rebecca Blackwell, File)
U.S. flag and Judge gavel are seen in this illustration taken, August 6, 2024. REUTERS/Dado Ruvic/Illustration/ File Photo

Overview

  • The Boston-based 1st U.S. Circuit Court of Appeals issued a two-page order allowing the administration to terminate the CHNV humanitarian parole program while the case continues.
  • The panel, authored by Judge Gustavo Gelpí and composed of Democratic appointees, acknowledged serious risks of irreparable harm but said that risk alone could not justify interim relief.
  • The decision rejects U.S. District Judge Indira Talwani’s ruling that Homeland Security Secretary Kristi Noem must conduct case-by-case reviews rather than a categorical rescission.
  • The Justice Department argued parole was a temporary, discretionary benefit and said individualized revocations would be a “gargantuan task,” according to Solicitor General D. John Sauer.
  • Advocates vowed to keep litigating and described the ruling as devastating, and the decision does not immediately change conditions on the ground as further appeals and implementation steps proceed.