Home » Obama-Appointed Judge Blocks Trump from Ending Biden-Era Migrant Parole Program

Obama-Appointed Judge Blocks Trump from Ending Biden-Era Migrant Parole Program

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Judicial Roadblock: Federal Judge Halts Trump’s Attempt to End Biden’s Migrant Entry Pipeline

In a sharp legal blow to President Trump’s immigration agenda, U.S. District Judge Indira Talwani, an Obama appointee, issued a ruling Wednesday blocking the Trump administration from canceling a controversial Biden-era parole program that has allowed hundreds of thousands of foreign nationals to enter and remain in the United States.

The decision temporarily protects migrants from Afghanistan, Latin America, Ukraine, and others from losing their legal status, work permits, or protection from deportation under programs President Trump has repeatedly criticized as unlawful and dangerous.


Judge: Cancelling Parole Would Create “Unlawfully Present” Population

Judge Talwani dismissed the Trump administration’s argument that terminating the parole programs was a lawful exercise of executive discretion. Instead, she ruled that ending the program would create “a circumstance in which hundreds of thousands of individuals will… become unlawfully present,” thereby preventing them from legally working or supporting their families.

In her opinion, Talwani also raised concerns about family separation for migrants currently serving in the U.S. military—some of whom enlisted in part to help relatives gain lawful immigration status.

She further rebuked DHS for what she called a “legal error” in interpreting its power over humanitarian parole decisions, effectively siding with the plaintiffs in affirming that broad discretionary authority has limits.


Background: Biden’s Mass Parole Program and Trump’s Pushback

Under President Biden, the CHNV parole program (Cuba, Haiti, Nicaragua, Venezuela) and use of the CBP One App were expanded as tools to manage the border crisis. Critics say these programs were exploited to circumvent standard immigration law, allowing in over 500,000 migrants by air—many of whom never passed through a formal asylum hearing or legal entry checkpoint.

President Trump’s administration had pledged to revoke parole status for over 532,000 migrants, asserting that Biden’s programs were a “mass amnesty pipeline disguised as legal entry.”

The Department of Justice countered in court that parole is by law a discretionary authority meant to be used on a case-by-case basis—not as a blanket open-door policy.


Class Protection Now Nationwide

In a sweeping move, Judge Talwani also certified a nationwide class, expanding protections to all individuals currently benefiting from Biden’s parole initiatives. This means that, at least temporarily, Trump’s cancellation order cannot be enforced, even as litigation continues.


What’s Next?

This case is likely heading for a prolonged legal fight. Immigration advocates cheered the ruling as a “humanitarian victory,” while Trump allies decried it as judicial overreach from the Obama bench.

Trump’s team is expected to appeal the ruling, potentially setting the stage for a Supreme Court showdown over presidential power on immigration policy.

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