A federal appeals court is considering whether Homeland Security Secretary Kristi Noem acted within her authority in revoking temporary legal status for hundreds of thousands of migrants. The case could greatly affect the future of Biden-era parole programs that provided protections to nationals from Cuba, Haiti, Nicaragua, and Venezuela.
Background and Legal Challenge
On Tuesday, the Trump administration appeared before the 1st U.S. Circuit Court of Appeals to defend its decision to end a parole program that granted temporary legal status to about 430,000 migrants. The appeal questions an earlier decision by U.S. District Judge Indira Talwani, who determined that Homeland Security Secretary Kristi Noem exceeded her authority by ending the program completely, instead of reviewing each case individually.
The program in question began under President Joe Biden. It allowed eligible migrants from Venezuela, and later from Cuba, Haiti, and Nicaragua, to stay in the United States for up to two years, as long as they passed background checks and had financial sponsors. The administration claimed the initiative eased pressure on the border and strengthened the legal pathway for migration.
Arguments Before the Court
Representing the federal government, Justice Department attorney Drew Ensign argued that Judge Talwani’s decision misinterpreted the limits of executive discretion. Citing a recent Supreme Court ruling that temporarily reinstated the parole revocations, Ensign said the high court’s stay indicated a strong likelihood that the administration’s actions would ultimately be upheld.
Ensign maintained that Secretary Noem, acting on President Trump’s direction, had the right to end the program outright based on policy disagreements with the prior administration. He rejected arguments that the decision must be made on a case-by-case basis, saying the original grants of parole were legally revocable.
Judicial Scrutiny and Supreme Court Tensions
The panel hearing the case, made up of judges appointed by Democratic presidents, raised concerns about the unclear nature of the Supreme Court’s stay order. U.S. Circuit Judge William Kayatta pointed out that the justices did not provide any written reasoning. This omission makes it challenging for lower courts to know how to interpret or apply the order.
Kayatta told plaintiffs’ attorney Justin Cox that while the justices’ silence on rationale was unusual, their decision to halt Talwani’s order might reflect skepticism about the plaintiffs’ likelihood of success. Cox argued that the Supreme Court’s lack of clarity should not stop the 1st Circuit from making its own decision.
Impact of the Case
The outcome of the appeal has major implications. If the court favors the Trump administration, it could lead to the mass cancellation of parole and work permits for hundreds of thousands of people who have depended on these protections since 2022.
Many of those impacted risk detention or deportation if they lose their legal status. Migrant advocates say that suddenly losing parole would disrupt lives and create upheaval in communities where many have jobs and homes.
Additionally, DHS might still try to cancel the protections again through new administrative processes, even if the court supports the plaintiffs. This shows how fragile and temporary executive immigration protections can be.
Next Steps and Ongoing Evaluation
The 1st Circuit panel has not announced when it will make a ruling. No matter the outcome, the case will likely go back to the Supreme Court, where the final decision could influence immigration policy for years.
For timely updates and analysis on immigration enforcement and related immigration issues, visit ImmigrationQuestion.com. Get answers to your immigration questions from licensed immigration attorneys. For attorneys, use our innovative 2-in-1 case management software to grow your practice. Download our free app on Google Play and the Apple App Store.
Resources:
- https://www.reuters.com/legal/government/us-appeals-court-weighs-trumps-authority-revoke-legal-status-thousands-migrants-2025-07-29/
- https://blog.immigrationquestion.com/news/court-allows-mass-termination-of-temporary-legal-status-for-migrants-from-four-countries/
- https://blog.immigrationquestion.com/news/530000-migrants-under-bidens-humanitarian-program-to-lose-legal-status/
**ImmigrationQuestion.com is a third-party platform that serves as a meeting ground for licensed immigration attorneys and people with immigration questions. It is not a law firm. It is not affiliated with or endorsed by USCIS or AILA. Attorneys on this platform are independent and have the discretion to offer a free consultation and/or set their fees under the law.
