Home Immigration Obama Appointee Blocks Trump Immigration Order

Obama Appointee Blocks Trump Immigration Order

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This is far from over…

A federal judge on Monday blocked the Trump administration from revoking the legal status and work permits of the more than 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela who flew into the United States during former President Joe Biden’s time in office. 

The migrants came to the U.S. under Biden’s controversial CHNV mass humanitarian parole program.

In her order, Judge Indira Talwani, an Obama appointee, wrote that each migrant needs to have an individualized, case-by-case review.

“The Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), is hereby STAYED pending further court order insofar as it revokes, without case-by-case review, the previously granted parole and work authorization issued to noncitizens paroled into the UnitedStates pursuant to parole programs for noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (the “CHNV parole programs”) prior to the noncitizen’s originally stated parole end date,” she wrote. 

Biden created the CHNV program in 2023 via his executive parole authority. The program was launched in 2022 and initially first applied to Venezuelans before it was expanded to additional countries.

The Biden administration argued that CHNV would help reduce illegal crossings at the southern border and allow better vetting of people entering the country amid an influx of migrants. 

The program was temporarily paused due to widespread fraud.

Officials with the Department of Homeland Security and the Trump administration told Fox News that Talwani essentially ruled that Trump can’t use his own executive authority, the same authority Biden used, to revoke the parole that Biden granted. 

“It is pure lawless tyranny,” a Trump administration official told Fox News. 

In March, the roughly 532,000 migrants under the CHNV program were told to leave the U.S. 

3 COMMENTS

  1. Fortunately, it is the law that says who stays, and not her. In the immigration context, parole allows a person who may be inadmissible or otherwise ineligible for admission into the United States to enter, or be paroled, into the U.S. for a TEMPORARY PERIOD. The Attorney General may, except as provided in subparagraph (B) or in section 212 (f) of this title, in his discretion parole into the United States TEMPORARILY under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and EHEN THE PURPOSES OF SUCH PAROLE SHALL, IN THE OPINION OF THE ATTORNEY GENERAL , HAVE BEEN SERVED THE ALIEN SHALL FORTHWITH RETURN OR BE RETURNED TO THE CUSTODY FROM WHICH HE WAS PAROLED AND THEREAFTER HIS CASE SHALL CONTINUE TO BE DEALT WITH IN THE SAME MANNER AS THAT OF ANY OTHER APPLICANT FOR ADMISSION INTO THE UNITED STATES. INA § 212(d)(5)(A).
    Don’t judges need to obey the law also? Here the law is in black and white script! Oh, by the way, these folks CAN be deported if here illegally.
    The second part of this statute specifies that being granted parole is not “regarded as an admission to the United States.”
    The third part of this statute specifies that, once paroled, the parole is at the mercy of the Attorney General. They can end the parole whenever they deem the reason for the parole has ended, and either return the noncitizen to their home country or submit them to the admissions process. While the Attorney General is granted this power via the statute, the Homeland Security Act of 2002 transferred this power to the Secretary of Homeland Security, who subsequently delegated the power of PIP to USCIS.
    No mention of a judge being able to intervene in existing immigration law here.

  2. Leftist judges appointed by Democrats will always oppose Trump even knowing they will ultimately lose. There are no consequences to them for impeding the president, but there should be when the rule of law is crystal clear. Ignorance is no excuse, right?

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