XPost: alt.politics.immigration, alt.politics.republicans, talk.politics.guns XPost: sac.politics, talk.politics.misc
The Trump administration is asking the Supreme Court to allow
immigration officials to end a Biden-era program that allowed more than
a half million immigrants to enter and stay in the U.S. legally for “humanitarian” reasons.
Solicitor General John Sauer filed an emergency appeal Thursday seeking
to lift a lower court order that blocks the administration from ending
the “parole” program for people from Cuba, Haiti, Nicaragua and
Venezuela.
Sauer argues that a federal judge in Boston erred last month when she
ruled that immigrants in the program were entitled to a case-by-case
review before their legal status in the U.S. was revoked. U.S. District
Judge Indira Talwani, an Obama appointee, temporarily blocked Homeland
Security Secretary Kristi Noem’s March order that sought to end the
legal status within weeks for all 532,000 people admitted under the
program.
Sauer said Talwani had improperly interfered with a policy choice that
should be left up to the executive branch.
“That discretionary rescission of a discretionary benefit should have
been the end of the matter: Congress reserved those decisions
exclusively to the Secretary, who weighed foreign-policy objectives and
other factors and rendered her decision,” Sauer wrote.
The Trump administration’s only direct ask in the appeal is for the high court to temporarily pause Talwani’s ruling. That would allow the administration to cancel the parole program — and potentially revoke the immigrants’ legal status — while litigation continues in the lower
courts.
More broadly, though, Sauer also urged the justices “to correct a
recent, destabilizing trend” of district court judges issuing rulings
about the legality of national immigration policies.
Sauer contended that district court judges have no authority to do that
because Congress has directed that immigration disputes proceed first in immigration courts, with appeals taken directly to federal appeals
courts. However, many district judges have heard legal challenges to
broad immigration policy decisions and ruled on them.
In addition, the Supreme Court has reviewed such decisions issued by
lower courts and sometimes upheld their rulings against federal policy
moves, like Trump’s effort, in his first term, to rescind the Deferred
Action for Childhood Arrivals or DACA program.
The latest high court filing came as the Trump administration is engaged
in three other immigration-related fights on the Supreme Court’s
emergency docket.
https://www.politico.com/news/2025/05/08/trump-supreme-court-parole-00336
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