Court says government can end legal protections for nearly 430,000 migrants
A federal appeals court in the United States has upheld the Trump administration’s decision to end the temporary legal status of hundreds of thousands of migrants from Cuba, Haiti, Nicaragua, and Venezuela, dismissing an appeal filed by immigrant rights organizations.
The First Circuit Court of Appeals thus overturned a previous ruling by District Judge Indira Talwani, who had questioned the authority of current Homeland Security Secretary Kristi Noem to revoke the so-called immigration “parole” that allowed approximately 430,000 foreigners to stay temporarily in the country, a measure adopted during the Biden administration.
Talwani had argued that Noem acted outside her authority, but the three-judge panel of the circuit court—all appointed by Democratic presidents—concluded that the plaintiffs failed to prove that the secretary lacked legal authority under the Immigration and Nationality Act to broadly eliminate such permits.
In his opinion, Judge Gustavo Gelpí acknowledged that the revocation of this immigration status places those affected in a difficult situation, having to decide between returning to countries with high levels of insecurity or remaining in the United States illegally, exposed to detention and deportation. However, he emphasized that this impact does not invalidate the secretary’s legal authority to make such a decision.
He also dismissed Talwani’s argument that Noem’s measure was adopted “arbitrarily and capriciously.” “We disagree. We determine that the plaintiffs have not presented compelling evidence that they can succeed in demonstrating that the secretary’s action was arbitrary and capricious, as she provided a reasoned explanation,” it said.
“For the foregoing reasons, we dismiss the district court’s order and remand the case for further proceedings pursuant to this opinion. So ordered,” concludes the document published by the Boston-based First Circuit Court of Appeals.
The immigration program, expanded in 2023 by the Biden administration, offered temporary permits of up to two years for Venezuelans, Cubans, Haitians, and Nicaraguans arriving by air after passing security clearances and having an economic sponsor in the United States.
Between October 2022 and January 2025, more than half a million people obtained work permits under this route. However, the Trump administration decided in March to end the program, directly affecting nearly 430,000 beneficiaries.
At the Justice Action Center, attorney Esther Sung described the court ruling as “devastating,” although she emphasized that there is still room for reversal as the legal process continues toward a final decision.
Neither the Department of Homeland Security nor the Department of Justice issued statements following the ruling. The latter, however, had previously argued that upholding Talwani’s decision contradicted a previous stay issued by the Supreme Court and asked the First Circuit not to accept what it considered an “open challenge” to that ruling.
