appeals Court Backs Trump Administration’s Move to End Protections for Over 400,000 Migrants
WASHINGTON (June 13, 2024) - A federal appeals court has ruled the Trump administration was within its rights to end humanitarian protections for migrants from Cuba, Haiti, Nicaragua, and Venezuela, reversing a lower court decision. the ruling impacts over 400,000 individuals who had been granted temporary protected status (TPS).
The decision follows a Supreme Court stay in April that halted a district court’s block on the administration’s policy, and a subsequent lifting of that order at the end of May. the Trump administration argued the appeals court should align with the Supreme Court and overturn the district court ruling.
the Department of homeland Security asserted it has the authority to revoke the protections without judicial intervention, stating they were always intended to be temporary. Solicitor General D. John Sauer argued that individually evaluating each case for continued parole would be excessively burdensome and hinder deportation efforts. “The Secretary’s discretionary rescission of a discretionary benefit should have been the end of the matter,” government lawyers stated in a court filing.
Plaintiffs, including beneficiaries of the protections, had urged the appeals court to uphold the district court’s finding that Homeland Security Secretary Kristi Noem could not categorically end the protections, but was required to assess each case individually. They also pointed to the district court’s conclusion that Noem disregarded the humanitarian factors that initially justified the legal safeguards.
Attorneys for the plaintiffs argued the district court ”applied the law correctly and did not abuse its discretion” and that the public interest favored maintaining the protections.
The Trump administration’s decision marked the first-ever mass revocation of humanitarian parole, described by migrant attorneys as “the largest mass illegalization event in modern American history.” Trump had pledged to deport millions during his campaign and, as taking office, has worked to reverse Biden administration policies expanding legal pathways for migrants.
The case continues as litigation proceeds, according to Sung, an attorney for the plaintiffs, who stated, “While we are deeply disappointed by this decision, we will continue to advocate zealously for our clients and class members as the litigation continues.”
