Response to application from respondent Svitlana Doe, et al. — Kristi Noem, Secretary, Department of Homeland Security, Applicants v. Svitlana Doe, et al.

Supreme Court briefMay 15, 2025

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No. 24A1079

In the Supreme Court of the United States

KRISTI NOEM, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, ET AL.,

Applicants,

v.

SVITLANA DOE, ET AL.

ON APPLICATION TO STAY THE ORDER ISSUED BY THE

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

APPENDIX TO RESPONDENTS’ OPPOSITION TO APPLICATION TO STAY

ANWEN HUGHES

HUMAN RIGHTS FIRST

121 W 36th Street, Pmb 520

New York, NY 10018

(212) 845-5244

JOHN A. FREEDMAN

LAURA S. SHORES

ARNOLD & PORTER KAYE SCHOLER LLP

601 Massachusetts Avenue, NW

Washington, DC 20001

(202) 942-5000

JUSTIN B. COX

Counsel of Record

LAW OFFICE OF JUSTIN B. COX

JAC Cooperating Counsel

P.O. Box 1106

Hood River, OR 97031

(541) 716-1818

justin@jcoxconsulting.org

ESTHER H. SUNG

KAREN C. TUMLIN

HILLARY LI

LAURA FLORES-PERILLA

BRANDON GALLI-GRAVES

JUSTICE ACTION CENTER

P.O. Box 27280

Los Angeles, CA 90027

(323) 450-7272

APPENDIX TO RESPONDENTS’ OPPOSITION

TO APPLICATION TO STAY

Description

D. Ct. Doc.

No.

Appendix

page start

Memorandum and Order Granting in Part Plaintiffs’

Emergency Motion for a Stay

97

App-001

Order Granting Class Certification

98

App-042

Declaration of Kika Scott

41-4

App-045

71-1

App-052

88-1

App-065

89

App-067

Termination of Parole Processes for Cubans, Haitians,

Nicaraguans, and Venezuelans, 90 Fed. Reg. 13,611

(Mar. 25, 2025)

USCIS Notice: Termination of Parole, Notice of

Intent to Revoke Employment Authorization

Defendants’ Memorandum in Opposition to Plaintiffs’

Emergency Motion for a Preliminary Injunction

District Court Docket

App-095

Huffman Memorandum dated January 20, 2025

41-1

App-128

Higgins email dated January 23, 2025

41-2

App-131

Davidson memorandum dated Feb. 14, 2025

41-3

App-133

24-1

App-137

24-2

App-146

24-3

App-156

24-4

App-167

27-1

App-175

64-3

App-186

64-4

App-195

Declaration of Plaintiff Alejandro Doe (CHNV

beneficiary)

Declaration of Plaintiff Ana Doe (CHNV

beneficiary)

Declaration of Plaintiff Armando Doe (CHNV

beneficiary)

Declaration of Plaintiff Carlos Doe (CHNV

beneficiary)

Declaration of Plaintiff Andrea Doe (Amended)

(CHNV beneficiary)

Declaration of Plaintiff Lucia Doe (CHNV

beneficiary)

Declaration of Plaintiff Miguel Doe (CHNV

beneficiary)

D. Ct. Doc.

No.

Appendix

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64-5

App-203

24-9

App-211

24-10

App-219

24-11

App-228

64-6

App-235

71-2

App-244

24-21

App-250

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App-262

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App-267

24-24

App-282

24-25

App-296

Declaration of Esther Sung, counsel for Plaintiffs

24-36

App-309

History of 8 U.S.C. § 1182(d)(5)

24-37

App-316

David J. Bier, Cato Institute, 126 Parole Orders over

7 Decades: A Historical Review of Immigration

Parole Orders (July 17, 2023), cato.org/blog/126parole-orders-over-7-decades-historical-reviewimmigration-parole-orders.

24-38

App-319

Declaration of Yael Schacher

24-39

App-325

Declaration of Eric Schwartz

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App-347

Declaration of Mort Halperin

24-41

App-364

Description

Declaration of Plaintiff Daniel Doe (CHNV

beneficiary)

Declaration of Plaintiff Sandra McAnany (CHNV

sponsor)

Declaration of Plaintiff Kyle Varner (CHNV

sponsor)

Declaration of Plaintiff Wilhen Pierre Victor (CHNV

sponsor)

Declaration of Plaintiff Gabriela Doe (CHNV

sponsor)

Declaration of Plaintiff Norma Lorena Dus (CHNV

sponsor)

Implementation of a Parole Process for Venezuelans,

87 Fed. Reg. 63507 (Oct. 19, 2022)

Implementation of Changes to the Parole Process for

Venezuelans, 88 Fed. Reg. 1279 (Jan. 9, 2023)

Implementation of a Parole Process for Cubans, 88

Fed. Reg. 1266 (Jan. 9, 2023)

Implementation of a Parole Process for Haitians, 88

Fed. Reg. 1243 (Jan. 9, 2023)

Implementation of a Parole Process for Nicaraguans,

88 Fed. Reg. 1255 (Jan. 9, 2023)

Description

D. Ct. Doc.

No.

Appendix

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Declaration of Deb Rogers

24-42

App-419

24-43

App-433

72

App-440

Bo Cooper, INS Gen. Counsel, Legal Opinion: Parole

of Individuals From the Former Soviet Union Who

Are Denied Refugee Status (June 15, 2001).

Plaintiffs’ Memorandum of Law in Support of Their

Emergency Motion for a Preliminary Injunction and

Stay of DHS’s En Masse Truncation of All Valid

Grants of CHNV Parole

Transcript – Oral Argument, April 10, 2025

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UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

SVITLANA DOE, et al.,

*

*

Plaintiffs,

*

*

v.

*

*

KRISTI NOEM, in her official capacity as *

Secretary of Homeland Security; TODD M. *

*

LYONS, in his official capacity as the

*

Acting Director of Immigration and

Customs Enforcement; PETE R. FLORES, *

*

in his official capacity as Acting

Commissioner of U.S. Customs and Border *

*

Protection; KIKA SCOTT, in her official

capacity as the Senior Official Performing *

*

the Duties of the Director of U.S.

Citizenship and Immigration Services; and *

*

DONALD J. TRUMP, in his official

*

capacity as President of the United States,

*

*

Defendants.

Civil Action No. 1:25-cv-10495-IT

MEMORANDUM & ORDER GRANTING IN PART PLAINTIFFS’

EMERGENCY MOTION FOR A STAY OF DHS’S EN MASSE TRUNCATION

OF ALL VALID GRANTS OF CHNV PAROLE

April 14, 2025

Among several motions pending before the court is Plaintiffs’ Emergency Motion for

Preliminary Injunction and Stay of DHS’s En Masse Truncation of All Valid Grants of CHNV

Parole [Doc. No. 70]. For the reasons that follow, and pending further court order, the court

grants emergency relief staying the Termination of Parole Processes for Cubans, Haitians,

Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), insofar as it revokes,

without case-by-case review, the previously granted parole and work authorization issued to

noncitizens paroled into the United States pursuant to parole programs for noncitizens from

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Cuba, Haiti, Nicaragua, and Venezuela (the “CHNV parole programs”) prior to the noncitizen’s

originally stated parole end date.

I.

Background

A. The Statutory Parole Authority

Under the Immigration and Nationalization Act, as amended:

The Secretary of Homeland Security may . . . in his discretion parole into the United

States temporarily under such conditions as he may prescribe only on a case-bycase 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 when the purposes of such parole shall,

in the opinion of the Secretary of Homeland Security, 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 to the United States.

8 U.S.C. § 1182(d)(5) (emphasis added). 1

B. The CHNV Processes

On October 19, 2022, the Department of Homeland Security (“DHS”) announced an

effort to address the increasing number of Venezuelan nationals arriving at the southern border

of the United States by “coupl[ing] a meaningful incentive to seek a lawful, safe and orderly

means of traveling to the United States with the imposition of consequences for those who seek

to enter irregularly.” Implementation of a Parole Process for Venezuelans, 87 Fed. Reg. 63507

(Oct. 19, 2022). Under the program, individuals who passed a national security and public safety

vetting and who had a supporter in the United States who agreed to provide housing and other

support could receive an advanced authorization to travel to the United States for the purposes of

seeking, on a case-by-case basis, a discretionary grant of parole at an internal port of entry. See

1

An “alien” is “any person not a citizen or national of the United States.” Id. § 1101(a)(3).

2

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id. at 63515; see also id. at 63508 (“[o]nly those who meet specified criteria and pass national

security and public safety vetting would be eligible for consideration for parole under this

process.”). 2 The program specified that discretionary grants of parole would be for a temporary

period of up to two years, during which time individuals could seek humanitarian relief or other

benefits and receive work authorization. See id. at 63508. The program specified further that

those “who are not granted asylum or other immigration benefits will need to leave the United

States at the expiration of their authorized period of parole or will generally be placed in removal

proceedings after the period of parole expires.” Id. The process was capped at 24,000

beneficiaries. See id. Individuals who had been ordered removed from the United States in the

past five years, or who crossed into the United States between ports of entry or entered Mexico

or Panama without authorization after October 19, 2022, were barred from the program. Id.

In early 2023, DHS implemented similar processes for nationals of Cuba, Haiti, and

Nicaragua. See Implementation of a Parole Process for Cubans, 88 Fed. Reg. 1266 (Jan. 9,

2023); Implementation of a Parole Process for Haitians, 88 Fed. Reg. 1243 (Jan. 9, 2023);

Implementation of a Parole Process for Nicaraguans, 88 Fed. Reg. 1255 (Jan. 9, 2023).

On October 4, 2024, DHS announced that there would be no “re-parole” beyond the

initial two-year period for the parolees who entered the United States under the CHNV parole

programs. See Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and

Venezuelans, 90 Fed. Reg. 13611, 13614 n.24 (Mar. 25, 2025). 3

2

In contrast, “[a]n alien present in the United States without being admitted or paroled, or who

arrives in the United States at any time or place other than as designated by the Attorney

General, is inadmissible.” 8 U.S.C. § 1182(a)(6)(A)(i).

3

Plaintiffs do not dispute that re-parole is not available through the CHNV processes. See Mem.

ISO Second Mot. for PI at 3 n.4 [Doc. No. 72].

3

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C. The January 20, 2025 Executive Orders

On January 20, 2025, President Trump signed numerous executive orders, including two

that are relevant here:

The first order directed the Secretary of Homeland Security to “take all appropriate action

[consistent with applicable law] to . . . [t]erminate all categorical parole programs that are

contrary to the policies of the United States established in my Executive Orders, including the

[CHNV program].” See Exec. Order No. 14165, 90 Fed. Reg. 8467 (Jan. 30, 2025).

The second order directed the Secretary to take “all appropriate action, consistent with

law,” to:

ensur[e] that the parole authority under section 212(d)(5) of the INA (8 U.S.C.

1182(d)(5)) is exercised on only a case-by-case basis in accordance with the plain

language of the statute, and in all circumstances only when an individual alien

demonstrates urgent humanitarian reasons or a significant public benefit derived

from their particular continued presence in the United States arising from such

parole[.]

See Exec Order No. 14159, 90 Fed. Reg. 8443 (Jan. 29, 2025).

D. The Huffman Memorandum

On January 20, 2025, Acting Secretary of Homeland Security Benjamin C. Huffman

issued a memorandum stating that “[i]t is evident that many current DHS policies and practices

governing parole are inconsistent with [8 U.S.C § 1182(d)(5)].” See Huffman Memorandum 2

[Doc. No. 41-1]. The memorandum stated that the language and context of 8 U.S.C. § 1182(d)(5)

“make it abundantly clear that it is a limited use authority, applicable only in a very narrow set of

circumstances,” and that the statute “does not authorize categorical parole programs that make

aliens presumptively eligible on the basis of some set of broadly applicable criteria.” Id. at 1-2

(emphasis in original). The memorandum further stated that “it is generally unlawful to parole

into the United States aliens with pending applications for refugee status filed abroad, and aliens

4

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found to have prima facie asylum claims who are being allowed into the United States to await

adjudication of those claims.” Id. at 2.

The Huffman memorandum ordered that within 60 days, the Director of U.S.

Immigration and Customs Enforcement (“ICE”), the Commissioner of U.S. Customs and Border

Protection (“CBP”), and the Director of U.S. Citizenship and Immigration Services (“USCIS”)

were to compile and review all policies pertaining to parole to determine “which are not strictly

in accord with” 8 U.S.C § 1182(d)(5), and to thereafter “[f]ormulate a plan for phasing out” any

such policies. See id. It further ordered that pending such review, DHS Components would have

“discretion to pause, modify, or terminate any parole program described in [the previous

paragraph] to the extent” that: (1) the policy was not promulgated pursuant to the procedural

requirements of the APA; (2) DHS could take such action while protecting legitimate reliance

interests; and (3) taking such action was otherwise consistent with applicable statutes,

regulations, and court orders. See id.

Huffman concluded his memorandum by stating that “should any court disagree with the

interpretation of the parole statute articulated in this memorandum, I clarify that I am also

implementing this policy as a matter of my discretion to deny parole in any circumstance.” Id.

E. The Davidson Memorandum

On February 14, 2025, Andrew Davidson, the Acting Deputy Director of USCIS, issued a

memorandum authorizing an immediate agency-wide administrative hold on all pending status

readjustment and benefit requests filed by individuals paroled into the United States under the

CHNV programs, pending “the completion of additional vetting flags in ELIS to identity any

fraud, public safety, or national security concerns.” Davidson Memorandum [Doc. No. 41-3].

The memorandum stated that USCIS had suspended parts of the CHNV processes in July 2024

5

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after a USCIS assessment identified potential concerns related to fraudulent sponsorship

requests. Id. at 2. Based on this assessment, the memorandum stated that “benefit requests filed

by aliens who are or were paroled under any of these categorical parole programs need further

review to determine the level of fraud and the possible involvement of beneficiaries.” Id. 4

The Davidson memorandum concluded by stating:

Any case subject to this administrative hold with a litigation need may only be lifted

from the hold on a case-by-case basis, in a subsequent memo to file, with approval

by the USCIS Director or USCIS Deputy Director. This case-by-case requirement

must be followed even when aliens are member of a class that is subject to

injunction, settlement agreement, or other court order. Once USCIS completes a

comprehensive review and evaluation of the in-country population of aliens who

are or were paroled into the United States under these categorical parole programs,

USCIS may issue a subsequent memo lifting this administrative hold.

Id. To date, the “administrative hold” has not been lifted.

F. The March 25, 2025 Federal Register Notice

On March 25, 2025, DHS published a Federal Register Notice (“FRN”) announcing that,

effective immediately, DHS “is terminating the categorical parole programs for inadmissible

aliens from Cuba, Haiti, Nicaragua, and Venezuela.” See Termination of Parole Processes for

Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025). 5 The

4

The Davidson Memorandum also suspended benefits requests filed by individuals paroled

under the Uniting for Ukraine and Family Reunification Parole programs. See Davidson

Memorandum 1 [Doc. No. 41-3]. The court will address Plaintiffs’ challenge to the Davidson

Memorandum in a separate order.

5

The FRN repeatedly uses the term “inadmissible aliens” in describing the individuals in the

United States pursuant to these parole programs. See e.g. id. at 13614 (referring to “inadmissible

aliens arriving in local communities”); id. at 13618 (“Between October 19, 2022, and January 22,

2025, approximately 532,000 inadmissible aliens received parole into the United States pursuant

to the CHNV parole programs.”) (emphasis added). Parole is authorized for individuals

“applying for admission to the United States.” 8 U.S.C. § 1182(d)(5)(A). In other words, parole

may be granted when an individual has not yet been deemed either admissible or inadmissible.

The FRN gives no reason for mislabeling individuals who received parole through CHNV (or

any other program) as “inadmissible” and, when detailing the statutory scheme, acknowledges

6

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FRN announced further that “[t]he temporary parole period of aliens in the United States under

the CHNV parole programs and whose parole has not already expired by April 24, 2025[,] will

terminate on that date unless the Secretary makes an individual determination to the contrary.”

Id. It directed further that “[p]arolees without a lawful basis to remain in the United States

following this termination of the CHNV parole programs must depart the United States before

their parole termination date.” Id. The FRN detailed further that:

DHS generally intends to remove promptly aliens who entered the United States

under the CHNV parole programs who do not depart the United States before their

parole termination date and do not have any lawful basis to remain in the United

States. DHS retains its discretion to commence enforcement action against any

alien at any time, including during the 30-day waiting period created by this notice.

Id. at 13618. 6

The FRN stated that terminating the CHNV programs and existing grants of parole under

CHNV was consistent with the President’s executive orders, including Executive Order 14165.

See id. at 13611. According to the FRN, the CHNV programs “do not serve a significant public

benefit, are not necessary to reduce levels of illegal immigration, did not sufficiently mitigate the

domestic effects of illegal immigration, are not serving their intended purposes, and are

inconsistent with the Administration’s foreign policy goals.” Id. at 13612. 7 The FRN further

that “a parolee remains an applicant for admission during the period of parole in the United

States.” Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans,

90 Fed. Reg. 13611, 13618 (Mar. 25, 2025).

6

The FRN further stated that “DHS intends to prioritize for removal those who (1) have not,

prior to the publication of this notice, properly filed an immigration benefit request, with

appropriate fee (or fee waiver request, if available) to obtain a lawful basis to remain in the

United States (e.g., adjustment of status, asylum, Temporary Protected Status, or T or U

nonimmigrant status) and (2) are not the beneficiary of an immigration benefit request properly

filed by someone else on their behalf (e.g., petition for alien relative, fiancé petition, petition for

immigrant employee), with appropriate fee (or fee waiver request, if available).” Id. at 13619.

7

The FRN explained in some detail why the original grounds for the CHNV program did not

warrant continuing the program. See id. at 13612-13614 (explaining why, in DHS’s view, the

7

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stated that as to prior arguments or determinations “that these programs were consistent with the

requirement of ‘urgent humanitarian reasons’ for granting parole, DHS believes that

consideration of any urgent humanitarian reasons for granting parole is best addressed on a caseby-case basis consistent with the statute, and taking into consideration each alien’s specific

circumstances.” Id. The FRN concluded that these reasons, independently and cumulatively,

support termination of the CHNV programs. Id.

After addressing DHS’s rationale for terminating the CHNV programs, the FRN turned to

the reliance interests of prospective supporters and parolees. Id. at 13617. The FRN asserted first

that “the temporary and discretionary nature of the programs indicate that reliance on the

continued existence of the CHNV parole programs would be unwarranted,” but that it was

addressing certain reliance interests “in an abundance of caution.” Id.

The FRN addressed first the reliance interests of supporters and potential beneficiaries of

the CHNV programs, concluding that the costs potentially incurred by these individuals were

minimal and “pale in comparison to the U.S. Government’s sovereign interest in determining

who is paroled into the United States.” Id. at 13617-18.

The FRN addressed next the reliance interests of potential beneficiaries with approved

advanced travel authorizations (“ATA”) and their supporters. The FRN stated that “[t]here are no

currently approved ATAs upon which an alien may travel under the CHNV programs,” and that

CHNV programs were unnecessary to achieve border security goals); id. at 13614-15 (explaining

why, in DHS’s view, the CHNV programs did not minimize “the burden on communities, state

and local governments, and NGOs”); id. at 13615-16 (explaining why, in DHS’s view, the

CHNV programs are inconsistent with the new administration’s foreign policy goals); id. at

13616-17 (explaining why, in DHS’s view, other factors do not counsel in favor of maintaining

the CHNV programs).

8

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the interests of any individual whose application for an ATA has been cancelled are outweighed

by the other concerns specified in the FRN. Id. at 13618. 8

Finally, the FRN addressed the reliance interests of individuals with a current grant of

parole under the CHNV programs, including that these individuals “will have departed their

native country; traveled to the United States; obtained housing, employment authorization, and

means of transportation; and perhaps commenced the process of building connections to the

community where they reside.” Id. at 13619. The FRN stated that “any assessment of” these

interests “must account for CHNV parolees’ knowledge at the outset that (1) the Secretary

retained the discretion to terminate the parole programs at any point in time, and to terminate any

grants of parole at any time when, in her opinion, the purposes of such parole have been served;

and that (2) the initial term of parole would be limited to a maximum of two years.” Id.

The FRN concluded that “the potential reliance interests among aliens paroled into the

United States under the CHNV parole programs do not outweigh the U.S. government’s strong

interest in promptly removing parolees when the basis for the underlying program no longer

exists.” Id. DHS stated that it considered the alternative of permitting CHNV parole recipients to

8

The absence of any approved ATA requests followed a directive issued on January 23, 2025, by

Jennifer B. Higgins, then Acting Director of USCIS, to her colleagues to “ensure effective

immediately that your staff do not make any final decisions (approval, denial, closure) or issue a

travel document or I-94 for any initial parole or re-parole application, petition, motion, or other

request” for the CHNV, or other parole programs. See Higgins E-mail [Doc. No. 41-2]. On

January 28, 2025, USCIS provided notice on its website that it was “pausing acceptance” of the

Form I-134A, Online Request to be a Supporter and Declaration of Financial Support used to

initiate the parole processes for the CHNV and certain other programs, “until the Agency had

reviewed all categorical parole programs as instructed by Executive Order (EO) 14165.” See

Kika Scott Decl. ¶ 4 [Doc. No. 41-4]. The court will address Plaintiffs’ challenge to the Higgins

E-mail in a separate order.

9

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remain in the country until the natural expiration of the parole, but the FRN rejected that

alternative on the grounds that it would:

essentially foreclose DHS’s ability to expeditiously remove those CHNV parolees

with no lawful basis to remain in the United States. Under this alternative, CHNV

parolees may begin to accrue more than two years of continuous presence in the

United States, such that DHS would have to initiate section 240 removal

proceedings to effectuate their removal. See INA 235(b)(1)(iii)(II), 8 U.S.C.

1235(b)(1)(iii)(II). As a result, the already overburdened immigration court system

would be further taxed with adjudicating the section 240 removal proceedings for

the pertinent CHNV beneficiary population, a result DHS finds unacceptable.

Id. at 13619-20.

For the same reason, DHS rejected the alternative of more than a 30-day

termination period for existing grants of parole. See id. at 13620.

The FRN concluded by stating DHS’s view that publication of the notice in the Federal

Register constitutes legally sufficient notice to all interested or affected persons. Id.

G. Plaintiffs Who Were Paroled into the United States Under the CHNV Programs 9

Plaintiffs 10 who were paroled into the United States under the CHNV Programs have

supported the pending motions with declarations stating the following:

9

For the purposes of this order, this court addresses only the claims of individuals who received

parole through a CHNV program. The court does not address here the claims of Plaintiffs who

supported individuals or are seeking to support individuals for parole through the CHNV

programs. The court is also not addressing here the claims of Plaintiffs who received parole or

have supported or are seeking to support individuals through any parole program other than

CHNV.

10

These Plaintiffs are proceeding here under pseudonyms pursuant to the parties’ Stipulated

Protective Order Concerning Confidential Doe PII [Doc. No. 57] and this court’s Electronic

Order [Doc. No. 69] granting Plaintiffs’ Second Supplemental Motion to Proceed Under

Pseudonym [Doc. No. 64]. All Plaintiffs except Miguel Doe voluntarily provided their identities

to Defendants, and all Plaintiffs have provided their identities to this court for in camera review.

See Mem. & Order [Doc. No. 79]; Sealed Notice Providing Plaintiffs’ Identities [Doc. No. 81-1].

10

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1. Armando Doe 11

Armando Doe fled Nicaragua due to the dangers he faced stemming from his work

dedicated to documenting government abuse, the arrest of his father-in-law, and the harassment

and persecution of his wife’s family. 12 He lawfully entered the United States pursuant to a twoyear grant of parole in February 2024. He received work authorization in April 2024 and has

been working at a company that makes tractor trailers. The salary he earns helps him provide for

his family here as well as for his parents in Nicaragua, including to pay for their medical

appointments and living expenses. If Armando Doe cannot work in the United States, he will be

forced to returned to Nicaragua and face persecution by the Nicaraguan government. He is

scared to return to Nicaragua and has a pending asylum application, which he submitted in

January 2025. He attended his biometrics appointment for his asylum application in February

2025.

2.

Ana Doe 13

Ana Doe, the wife of Armando Doe, is also a citizen of Nicaragua who received a twoyear grant of parole in February 2024. She received work authorization in April 2024. In

Nicaragua, Ana Doe completed college studies computer engineering. Here, she has been

working for a company that supplies personal protective equipment. She uses her salary here to

provide for her family and for her mother who lives in Nicaragua.

11

See Armando Doe Decl. [Doc. No. 24-3].

12

Armando Doe’s wife is Plaintiff Ana Doe.

13

See Ana Doe Decl. [Doc. No. 24-2].

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Ana Doe has a pending asylum application that she submitted in January 2025 because

she fears persecution by the current governmental regime. She states that she is not even certain

she would be allowed entry into Nicaragua, which would leave her and her family stateless.

3.

Carlos Doe 14

Carlos Doe is a citizen of Nicaragua and is the cousin of Ana and Alejandro Doe. In his

hometown in Nicaragua, the government assassinated 32 people and disappeared more than 50

after protests broke out. The army identified him as being involved in the protests and in

opposition to the government, and soldiers and police officers came to his home several times

and made death threats against him and his family. He and his father fled their hometown and

went into hiding, but later received anonymous calls and more death threats. Soldiers visited his

mother’s home in 2021 and told her that they would imprison Carlos Doe and his father for

treason if they found them. A family member living in the U.S. sponsored him for CHNV parole,

and he was approved to travel to the United States in May 2023. He arrived in the United States

and received a two-year grant of parole, originally set to expire in June 2025.

Carlos Doe obtained work authorization in October 2023. He currently works at a

manufacturing plant performing welding and soldering. He has also worked providing food

delivery services and performing home renovations and has learned English through these jobs.

Carlos Doe has a pending application for asylum that he submitted in January 2025 and

had an appointment with USCIS for his asylum application scheduled for March 4, 2025.

14

See Carlos Doe Decl. [Doc. No. 24-4].

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Andrea Doe 15

Plaintiff Andrea Doe is a citizen of Nicaragua whose husband was sentenced to over 20

years in prison due to his opposition to the Nicaraguan government. In prison, Andrea Doe’s

husband suffered physical and mental torture. While her husband was incarcerated, Andrea

Doe’s home was surveilled, and police vehicles stationed themselves in front of her home. When

Andrea Doe and her children traveled to the penitentiary to visit her husband, police agents

waited at the corner until she and her children got on the bus. After her husband was in prison for

four years, the Nicaraguan government agreed to release 222 political prisoners, including her

husband, on the condition that the United States would take them. The political prisoners were

abruptly released from prison and placed on a flight to the United States. Her husband received

parole into the United States, and the Nicaraguan government stripped him and the other

passengers on the flight of their Nicaraguan citizenship, making Andrea Doe’s husband stateless.

Andrea Doe states that the U.S. government told her husband and other passengers on his

flight to use the CHNV programs to apply for reunification with their family members who were

left behind in Nicaragua. Her husband followed that instruction, and Andrea Doe and their

children arrived in the United States in the summer of 2023, after being sponsored for CHNV

parole by someone outside her family.

In the United States, Andrea Doe received work authorization, and she and her husband

both work at a company that installs vinyl on cars for advertising. Their children attend

elementary school.

15

See Andrea Doe Decl. [Doc. No. 27-1].

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Andrea Doe’s husband included her on his asylum application, which is still pending. She

fears returning to Nicaragua, where government officials saw her visiting her husband in prison

and know she is his wife. She reports that when she and her children were leaving Nicaragua,

they were pulled out of the line, had their passports taken, and were held up at the airport for two

hours. She believes that if she was forced to return to Nicaragua, she would be detained, and the

government would take away her children.

5.

Lucia Doe 16

Plaintiff Lucia Doe is a Venezuelan national who left her home country due to her

family’s difficult financial circumstances. She has a bachelor’s degree in Christian Education

from a university in Puerto Rico, but her salary as Director of Children’s Ministries at a Christian

church in Venezuela was insufficient to provide for basic needs like food, rent, and clothing. Her

family had to rely on financial assistance from her relatives living abroad. She received a twoyear grant of parole in July 2024 and obtained a work permit in August 2024.

Lucia Doe works cleaning apartments, condominiums, houses, schools, and businesses.

Her plan when seeking parole was to use her two-year grant of parole to work to support her

parents and to save money for the future, as well as to pay back her sister for the money her

sister spent helping Lucia Doe obtain a work permit and secure transportation to the United

States. She fears returning to Venezuela, where she says it is especially difficult to find

employment over the age of 40. She has been saving money in case she needs to purchase a lastminute ticket to Venezuela, as to avoid unlawful status in the United States.

16

See Lucia Doe Decl. [Doc. No. 64-3].

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Lucia Doe is concerned about returning to Venezuela with a parole stamp on her passport

and states that other Venezuelans who have returned with such stamps have been forced to pay

money to military officials at the border in order to be allowed to return to Venezuela, while

others have had their passports confiscated, have been imprisoned, or have disappeared.

6.

Miguel Doe 17

Plaintiff Miguel Doe is a Nicaraguan national and is the brother of Alejandro Doe. In

Nicaragua, he struggled to find stable work, after being unable to complete his university studies

due to interruptions from the Covid-19 pandemic, subsequent changes to the curriculum and

course requirements, and the frequent cancellation of courses at his public university. He

received a two-year grant of parole in July 2024 after being sponsored by his cousin. He intended

to use his two-year grant of parole to provide for his family and save money. He never intended

to stay in the United States indefinitely, as his mother needs help caring for herself. Miguel Doe

received work authorization in September 2024 and currently works full-time producing marble

panels.

Miguel Doe fears that the Nicaraguan government will assume he opposes it if he returns

as a deportee and recipient of parole. He believes the risk is even greater if he applies for but

does not receive asylum in the United States. However, he also fears staying in the United States

without lawful status.

7.

Daniel Doe 18

Plaintiff Daniel Doe is a Haitian national. While in Haiti, Daniel Doe worked as a court

interpreter and as an interpreter for the U.S. Embassy, among other groups. On multiple

17

See Miguel Doe Decl. [Doc. No. 64-4].

18

See Daniel Doe Decl. [Doc. No. 64-5].

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occasions, he was followed by people on motorcycles on his way to work; Daniel Doe believes

these individuals were part of a gang and were tracking his and his family’s whereabouts due to

his work as an interpreter and with the U.S. Embassy.

In Haiti, his neighborhood came under the control of a gang, whose members attacked

and kidnapped neighborhood residents. Daniel Doe and his wife left their original neighborhood

after the gang broke into their neighbor’s home, physically attacked the husband of the

household, and kidnapped the wife of the household. In their new neighborhood, a gang attacked

the police station, and there are no longer police forces in the neighborhood.

A friend of Daniel Doe’s father offered to support him for CHNV parole but could only

afford to support Daniel and not his family. Daniel Doe and his wife searched for a supporter

through a matching process so that they could be paroled as a family. They were matched with a

sponsor, but Daniel Doe subsequently received travel authorization through his original

application. He was granted a two-year period of parole in February 2024.

Daniel Doe received work authorization in March 2024. He worked as a tutor and

currently works as an English as a Second Language teacher at two schools. He also obtained his

license as a life insurance agent, is currently taking courses on financial investing, and is seeking

to receive certification to work as an interpreter in the United States. Daniel Doe has also started

a company that promotes education for Haitian immigrants who are new to the United States. He

is the main financial supporter of his wife and daughter who live in Haiti. Without work

authorization, Daniel Doe will not be able to provide for his family.

Daniel Doe received Temporary Protected Status in September 2024, which was

originally set to expire in February 2026. The government has since modified his TPS to

terminate in August 2025.

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Jurisdiction and Reviewability

Defendants raise numerous challenges to this court’s jurisdiction. While Defendants are

correct that the Secretary’s discretion in this area is broad, their conclusion that the Secretary’s

actions are wholly shielded from judicial review is incorrect. Accordingly, while this court

recognizes that its role in reviewing agency action in this area is limited, within that limited role

the court is not precluded from considering Plaintiffs’ APA claims or from staying the

Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed.

Reg. 13611 (Mar. 5, 2025) insofar as it revokes, without case-by-case review, previously granted

parole and work authorizations for individuals currently in the United States.

A. Standing

“If at least one plaintiff has standing, the suit may proceed.” Biden v. Nebraska, 600 U.S.

477, 489 (2023). To satisfy Article III’s standing requirements, an injury must be “concrete,

particularized, and actual or imminent; fairly traceable to the challenged action; and redressable

by a favorable ruling.” Clapper v. Amnesty Int’l USA, 568 U.S. 398, 409 (2013) (quoting

Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 149 (2010)). “At the preliminary

injunction stage . . . the plaintiff must make a ‘clear showing’ that she is ‘likely’ to establish each

element of standing.” Murthy v. Missouri, 603 U.S. 43, 58 (2024). The court finds that the

Plaintiffs listed above are similarly situated for purposes of this inquiry and are all likely to

establish each element of standing to challenge the FRN’s early termination of their parole and

work authorization.

The Plaintiffs described above attest to the risks they face from the loss of lawful status

and work authorization as well as from a subsequent removal from the United States. See supra

Part I.G. Defendants argue that these injuries are not redressable by a stay of the FRN because

even if the FRN is stayed, the Secretary still retains authority (1) to end the CHNV programs any

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time, without issuing guidance in the Federal Register; and (2) to make individual determinations

terminating Plaintiffs’ parole.

The first argument goes to the underlying merits of this dispute, namely whether the

discretion to end the CHNV program moving forward allows the Secretary to ignore, on a

categorical basis, the specific duration of parole accorded in the grant of parole to each

individual parolee. The first argument does not go to the threshold question of standing. The

second argument is beside the point, where Defendants have made no individual determinations

regarding the revocation of individual grants of parole and Plaintiffs’ challenge is to Defendants’

categorical actions.

The court finds that Plaintiffs have standing to challenge the shortening of their grant of

parole. Plaintiffs were paroled into the United States by complying with the immigration

processes made available to them. As lawful parolees, they did not have to fear arrest for being

in the United States, were permitted to legally work if they received work authorization, and

could apply for adjustment of status or other benefits while paroled into this country. The

immediate impact of the shortening of their grant of parole is to cause their lawful status in the

United States to lapse early––in less than two weeks. If their parole status is allowed to lapse,

Plaintiffs will be faced with two unfavorable options: continue following the law and leave the

country on their own, or await removal proceedings.

If Plaintiffs leave the country on their own, they will face dangers in their native

countries, as set forth in their affidavits. For some Plaintiffs, leaving will also cause family

separation. Leaving may also mean Plaintiffs will have forfeited any opportunity to obtain a

remedy based on their APA claims, as leaving may moot those claims.

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If, in the alternative, Plaintiffs remain in the United States and await removal

proceedings, they may be subject to arrest and detention, they will no longer be authorized to

work legally in this country 19 and their opportunities to seek any adjustment of status will

evaporate. In this litigation, Defendants have repeatedly contended that Plaintiffs will have the

opportunity to renew their requests for immigration benefits if placed in removal proceedings. 20

But even if Plaintiffs can renew requests for certain benefits, some requests may very well be

denied simply because Plaintiffs would no longer be in lawful status. Defendants’ positions are

also inconsistent. Despite claiming Plaintiffs could renew requests in removal proceedings,

Defendants: (1) are defending the FRN, which states that the revoking of parole is designed to

ensure expedited removal (thereby avoiding removal proceedings); and (2) insist that Plaintiffs

can be subjected to expedited removal proceedings while acknowledging, at a hearing before this

court, that Plaintiffs could not renew most immigration benefits requests if placed in expedited

proceedings. See infra Part IV.A. Finally, Defendants neglect to mention that the Davidson

Memorandum—which Defendants maintain is lawful—imposed an indefinite suspension of

immigration benefits adjudications, rendering Plaintiffs’ chances of having any benefits

adjudicated outside of removal proceedings a virtual nullity.

In either event, Plaintiffs have standing.

19

Denial of work authorization over the course of this litigation would cause harm to Plaintiffs

that could not be remedied through damages. See supra Part I.G.

20

See, e.g., Opp. to Supp. Mot. for Class Cert. 8 [Doc. No. 90] (“If Rescinded Parolee Plaintiffs

are placed into removal proceedings under 8 U.S.C. § 1229a, they can renew their requests for

relief—whether for asylum, withholding of removal, TPS, or adjustment of status—in those

proceedings, which have multiple levels of appellate review.”); Opp. to Mot. for PI 7 [Doc. No.

42] (“If a Parolee Plaintiff who asserts a fear of return to her home country or entitlement to TPS

is placed in removal proceedings under § 1229a, those claims could be raised before the

immigration judge.”).

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B. Section 1252(a)(2)(B)(ii)

Defendants argue that 8 U.S.C. § 1252(a)(2)(B)(ii) precludes this court’s review of

Plaintiffs’ claims. See Opp. to Second Mot. for PI 7 [Doc. No. 89]. That is incorrect.

Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction to review “any [] decision or

action of . . . the Secretary of Homeland Security the authority for which is specified under this

subchapter to be in the discretion of . . . the Secretary of Homeland Security, other than the

granting of relief under section 1158(a) of this title.” 21 The decision to categorically truncate,

without any individual review, grants of parole is not specified in the Subchapter to be within the

Secretary’s discretion.

Defendants argue that the decision whether to terminate parole is within the Secretary’s

discretion under 8 U.S.C. § 1182(d)(5)(A) and is therefore precluded from review by Section

1252(a)(2)(B)(ii). As to the revocation of an individual grant of parole, that statement is

unremarkable: The parole statute, which is in the same subchapter, provides that an alien’s parole

may be terminated “when the purposes of such parole shall, in the opinion of the Secretary of

Homeland Security, have been served[.]” 8 U.S.C. § 1182(d)(5)(A) (emphasis added). Section

1252(a)(2)(B)(ii) applies to matters where discretion is conferred by statute on the Secretary, see

Kucana v. Holder, 558 U.S. 233, 251-52 (2010) (emphasis added), and under 8 U.S.C.

§ 1182(d)(5)(A), Congress has placed individual parole determinations, and the decision of

whether to revoke such individual grants of parole, within the Secretary’s discretion.

But there is a separate question as to whether Congress, by statute, also has given the

Secretary the discretion, after parole has been granted and individuals have entered the country

21

Section 1158(a) pertains to the granting of asylum. See 8 U.S.C. § 1158(a).

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on a lawful basis for approved periods, to categorically truncate these grants of parole en masse

and without individual review, such that review of that en masse revocation may be precluded

here under Section 1252(a)(2)(B)(ii). The answer is no. As this court explains below, the FRN’s

categorical truncation of Plaintiffs’ previously awarded period of parole violates Section

1182(d)(5)(A). That statute requires grants of parole to be made on a case-by-case basis. Thus,

the statute requires that to determine whether the purposes of a grant of parole “have been

served” such that termination is warranted, the Secretary must attend, in some way, to the

reasons an individual alien received parole. See infra Part IV.A. Because the categorical

termination of the period of parole previously awarded to the parolees violates the parole statute,

the same statute cannot be read to give the Secretary the discretion to take such unlawful action.

Therefore, Section 1252(a)(2)(B)(ii) is no bar to review.

The Supreme Court’s decision in Kucana points to the same conclusion. The Kucana

Court, in considering whether Section 1252(a)(2)(B)(ii) barred judicial review of an

administrative determination, emphasized “a familiar principle of statutory construction: the

presumption favoring judicial review of administrative action.” 558 U.S. at 251. “When a statute

is ‘reasonably susceptible to divergent interpretation, [the Court] adopt[s] the reading that

accords with traditional understandings and basic principles: that executive determinations

generally are subject to judicial review” Id. (internal quotations omitted).” With these principles

in mind, the Kucana Court concluded that Section 1252(a)(2)(B)(ii)’s limitation on judicial

review applied only to Attorney General determinations made discretionary by statute, and not to

determinations declared discretionary by the Attorney General. Id. at 249-52. 22

22

It is thus of no consequence, despite Defendants’ suggestion to the contrary, see Opp. to

Second Mot. for PI 7 [Doc. No. 89], that the guidance instituting the CHNV programs asserted

21

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Consistent with that distinction, “courts have declined to apply [Section

1252(a)(2)(B)(ii)] to claims challenging the legality of policies and processes governing

discretionary decisions under the INA.” Roe v. Mayorkas, 2023 WL 3466327, at *8 (D. Mass.

May 12, 2023) (quoting Aracely, R v. Nielsen, 319 F. Supp. 3d 110, 135 (D.D.C. 2018)); R.F.M.

v. Nielsen, 365 F. Supp. 3d 350, 369 (S.D.N.Y. 2019) (“The plaintiffs do not seek to litigate

individual claims but rather a policy the agency uses to adjudicate those claims.”); Doe 1 v.

Mayorkas, 530 F. Supp. 3d 893, 909 (N.D. Cal. 2021) (“[T]he Court does not find 8 U.S.C.

§ 1252(a)(2)(B)(ii), which applies to decisions made to individual applications, applicable here

to this challenge of immigration policy.”); Doe v. Trump, 288 F. Supp. 3d 1045, 1072 (W.D.

Wash. 2017) (concluding Section 1252(a)(2)(B)(ii) may bar challenge to denial of refugee

admission, but not challenge to failure to act on refugee admissions).

Defendants suggest that there is no reason to distinguish the FRN’s “announcement of the

decision to terminate numerous CHNV parolees’ existing parole terms . . . from an individual

decision to terminate a particular grant of parole for purposes of § 1252(a)(2)(B)(ii).” Opp. to

Second Mot. for PI 7 [Doc. No. 89]. That argument is addressed on the merits below. But as to

the jurisdiction stripping statute, the distinction between an individual revocation of parole and

the categorical truncation of grants of parole is warranted where the presumption of reviewability

has been “consistently applied” to immigration statutes and can only be overcome by “clear and

that “[t]he Secretary retains the sole discretion to terminate the [Parole Program] . . . at any

point” and that the CHNV programs were “being implemented as a matter of the Secretary’s

discretion.” 88 Fed. Reg. 1266, 1277 (Jan. 9, 2023) (alterations in original). Section

1252(a)(2)(B)(ii)’s bar on review applies only to determinations made discretionary by statute

and not to determinations made by the guidance itself.

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convincing evidence” of congressional intent to preclude judicial review. Guerrero-Lasprilla v.

Barr, 589 U.S. 221, 229 (2020) (internal citations omitted).

Nor do cases relied upon by Defendants dictate otherwise, as each finds a stripping of

jurisdiction under Section 1252(a)(2)(B)(ii) warranted only after examining the specific

immigration statute at issue, none of which involved Section 1182(d)(5)(A). See Thigulla v.

Jaddou, 94 F.4th 770, 774-76 (8th Cir. 2024) (finding that Section 1252(a)(2)(B)(ii) barred

review of an adjudication hold policy promulgated under authority granted in 8 U.S.C.

§ 1255(a)); accord Cheejati v. Blinken, 106 F.4th 388, 394-95 (5th Cir. 2024); Geda v. Dir.

United States Citizenship and Immigr. Servs., 126 F.4th 835, 843-44 (3d Cir. 2025). 23

Defendants cite Patel v. Garland, 596 U.S. 328 (2022), for the proposition that “the

statutory bar applie[s] to every decision in the chain leading to [a] particular decision, including,

as relevant to the CHNV termination, the agency’s guidance related to that ultimate discretionary

judgment.” Opp. to Second Mot. for PI 8 [Doc. No. 89]. But the Patel Court was construing

Section 1252(a)(2)(B)(i), which bars review of judgments under five specific statutes providing

for individual, discretionary relief. 24 596 U.S. at 336. While the Kucana Court noted that

23

In Patel v. Jaddou, defendants argued that the challenged action was an act within the

Secretary’s discretion conferred by Section 1255(a), precluding judicial review by the district

court. 695 F. Supp. 3d 158, 166 (D. Mass. 2023). This court determined that the inquiry first

required consideration of the claim on the merits, see id. at 169, and concluded, after a detailed

review of Section 1255(a), that the challenged action “does not contradict § 1255” and was “an

act within the Secretary’s discretion[.]” Id. at 173. The First Circuit, in turn, affirmed the

dismissal based on its review of Section 1255(a), without addressing defendants’ continuing

objection that courts are barred by Section 1252(a)(2)(B)(ii) from even considering the question.

Gupta v. Jaddou, 118 F.4th 475 (1st Cir. 2024).

24

See 8 U.S.C. § 1252(a)(2)(B)(i) (listing § 1182(h) (waiver of alien’s inadmissibility based on

single offense of marijuana possession), § 1182(i) (waiver of immigrant’s inadmissibility for

fraud or willful misrepresentation of material fact), § 1229b (cancellation of removal for certain

permanent residents), § 1229c (permission for alien to voluntarily depart the United States), and

§ 1255 (adjustment of status of alien).

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decisions shielded from review by Sections 1252(a)(2)(B)(i) and 1252(a)(2)(B)(ii) “are of a like

kind,” 558 U.S. at 248, Patel focused in large part on language found only in the former Section,

namely that courts are without jurisdiction to review any judgment “regarding the granting of

relief” under the specified statutes. Patel, 596 U.S. at 336-40. The Patel Court parsed this phrase,

including the term “regarding,” which it found “in a legal context generally has a broadening

effect, ensuring that the scope of a provision covers not only its subject [any judgment regarding

the granting of relief], but also matters relating to that subject.’” Id. at 338-39. Given this

language, the Court found that Section 1252(a)(2)(B)(i) barred review of an immigration judge’s

underlying factual findings in a proceeding under the five statutes identified in Section

1252(a)(2)(B)(i). Id. at 339. The text of Section 1252(a)(2)(B)(ii) is distinct and, specifically,

does not include the broadening word “regarding.”

The Court in Patel found its reading of Section 1252(a)(2)(B)(i) reinforced by Section

1252(a)(2)(D), id., “which preserves review of constitutional claims and questions of law” by

appellate courts of the judgments obtained through the individual discretionary-relief process

under the enumerated statutes, 8 U.S.C. § 1252(a)(2)(D). In contrast, there is no individual

discretionary-relief process before an immigration judge (with appellate review of questions of

law) as to the impending termination of the grant of parole or of the revocation of parole after it

has occurred. 25 Accordingly, if Section 1252(a)(2)(B)(ii) precludes a district court from

25

Instead, an individual who leaves the United States voluntarily may forfeit all claims related to

the original grant of parole. And while an individual who stays may be able to seek review of a

removal order and seek adjustment of status, he would be treated as an applicant for admission,

not a parolee, for the purposes of that petition, see 8 U.S.C. § 1182(d)(5), negating any potential

legal challenge to the categorical termination of his parole.

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considering Plaintiffs’ challenges to Defendants’ categorical actions at issue here, review of that

question of law will not be preserved by Section 1252(a)(2)(D).

As discussed further below, “[t]he APA . . . creates a ‘presumption favoring judicial

review of administrative action.” Sackett v. E.P.A., 566 U.S. 120, 128 (2012) (quoting Block v.

Cmty. Nutrition Inst., 467 U.S. 340, 345 (1984)). “[O]nly upon a showing of ‘clear and

convincing evidence’ of a contrary legislative intent should the courts restrict access to judicial

review.” Abbott Laboratories v. Gardner, 387 U.S. 136, 141 (1967) (citing Rusk v. Cort, 369

U.S. 367, 379-80 (1962)). The reasoning in Patel as to Section 1252(a)(2)(B)(i) does not suggest

any clear legislative intent that the categorical actions challenged here are precluded from

judicial review by Section 1252(a)(2)(B)(ii).

C. Committed to Agency Discretion by Law

Defendants argue that Plaintiffs cannot challenge the actions at issue here because

Section 1182(d)(5)(A) commits parole and other immigration benefits decisions to the

“discretion” of the Secretary of Homeland Security. See Opp. to Second Mot. for PI 8-9 [Doc.

No. 89]. The APA “establishes a ‘basic presumption of judicial review [for] one ‘suffering legal

wrong because of agency action[,]’” but that presumption may rebutted, including by a showing

that the “agency action is committed to agency discretion by law.” Dep’t of Homeland Sec. v.

Regents of the Univ. of Cal., 591 U.S. 1, 16-17 (2020) (first alteration in original) (citations

omitted). The Supreme Court has read this exception “quite narrowly, restricting it to ‘those rare

circumstances where the relevant statute is drawn so that a court would have no meaningful

standard against which to judge the agency’s exercise of discretion.’” Dep’t of Com. v. New

York, 588 U.S. 752, 772 (2019) (citations omitted).

25

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This is not the rare circumstance in which the agency’s decision is “committed to agency

discretion by law.” As a preliminary matter, as stated above and discussed further below, the

Secretary does not have the discretion to categorically terminate grants of parole. In any event,

the parole statute establishes standards for the Secretary’s exercise of discretion in granting

parole—in that such grants must be made on a case-by-case basis for urgent humanitarian

reasons or public benefit—and the statute also establishes standards for the termination of parole

by requiring a determination by the Secretary that “the purposes of such parole . . . have been

served[.]” 8 U.S.C. § 1182(d)(5)(A).

This court finds further support for the view that Plaintiffs’ challenge to the FRN is

reviewable in the Supreme Court’s decision in Department of Homeland Security v. Regents of

the University of California, 591 U.S. 1 (2020). Rejecting the government’s argument that

decisions related to Deferred Action for Childhood Arrivals (“DACA”) were committed to

agency discretion by law, the Court determined that DACA was not an unreviewable nonenforcement policy but rather was a program for conferring affirmative immigration relief,

including the conferral of eligibility for work authorization and Social Security. Id. at 18-19. On

that basis, the Court reasoned that “[t]he creation of that program—and its rescission—is an

‘action [that] provides a focus for judicial review.’” Id. at 18 (second alteration in original)

(quoting Heckler v. Chaney, 470 U.S. 821, 832 (1985)).

The CHNV programs similarly created processes for conferring affirmative immigration

relief and related benefits, including lawful entry into the United States and work authorization.

The categorical termination of all grants of parole made pursuant to the CHNV programs creates

a focal point for judicial review. See Regents, 591 U.S. at 10 (DACA Memorandum instructed

ICE to “exercise prosecutorial discretion[] on an individual basis”); see also I.N.S. v. Yueh-

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Shaio Yang, 519 U.S. 26, 32 (1996) (“Though the agency’s discretion is unfettered at the outset,

if it announces and follows—by rule or by settled course of adjudication—a general policy by

which its exercise of discretion will be governed, an irrational departure from that policy (as

opposed to an avowed alteration of it) could constitute action that must be overturned as

‘arbitrary, capricious, [or] an abuse of discretion’ within the meaning of the Administrative

Procedure Act, 5 U.S.C. § 706(2)(A).”); see also Padula v. Webster, 822 F.2d 97, 100 (D.C. Cir.

1987) (“Judicially manageable standards may be found in formal and informal policy statements

and regulations as well as in statutes[.]”). Therefore, the action challenged by Plaintiffs here is

not committed to agency discretion by law.

Accordingly, Defendants’ arguments that this court lacks jurisdiction to consider

Plaintiffs’ challenge to the truncation of their periods of parole and related benefits fail.

III.

Class Treatment

Because the relief that Plaintiffs seek will have nationwide impact, the court considers

whether Plaintiffs may proceed on a class-wide basis as to this relief.26

“An order that certifies a class action must define the class and the class claims, issues, or

defenses[.]” Fed. R. Civ. P. 23(c)(1)(B). The order “may be altered or amended before final

judgment.” Fed. R. Civ. P. 23(c)(1)(C).

Plaintiffs’ Supplemental Motion for Class Certification [Doc. No. 73] proposes a subclass

consisting of “[a]ll individuals who have received parole through humanitarian parole processes,

including but not limited to U4U, CHNV, OAW, FRP, MPIP, and CAM, which parole is subject

26

This court will address class certification in full, including other subclasses proposed by

Plaintiffs and Defendants’ objections to such proposals, in subsequent orders.

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to the March 25 FRN and subsequent similar actions by Defendants to rescind individual grants

of parole on a categorical and en masse basis (the ‘Rescinded Parolee Class’).”

Plaintiffs’ proposed Rescinded Parolee Subclass is defined more broadly than necessary

for the challenge to the March FRN presently before the court. First, it encompasses programs

besides CHNV, which are not the subject of the present order. It also includes “subsequent

similar actions by Defendants,” referring to actions that have not yet occurred, 27 and does not

exclude individuals who have already left the United States. 28 Accordingly, the court considers

whether certification is appropriate only as to the “Early Revocation Parolee Class,” which this

court defines to include:

All individuals who have received a grant of parole that is subject to the

Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and

Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), rescinding individual grants of

parole on a categorical and en masse basis, except: (1) those individuals who

voluntarily left, and remain outside, the United States prior to the issuance of that

Notice; and (2) those individuals who choose to opt out of the class in order to seek

relief in separate litigation.

A. The Rule 23(a) Requirements

One or more members of a class may sue or be sued as representative parties on

behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

27

If Defendants take or threaten further action affecting Plaintiffs, modification of the class

definition might be warranted, but the request here is premature.

28

Individuals who voluntarily leave the United States generally lose their parole authorization.

See 8 C.F.R. § 212.5 (“Parole shall be automatically terminated without written notice (i) upon

the departure from the United States of the alien, or, (ii) if not departed, at the expiration of the

time for which parole was authorized[.]”).

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(3) the claims or defenses of the representative parties are typical of the claims or

defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the

class.

Fed. R. Civ. P. 23(a).

The Early Revocation Parolee Class satisfies these four requirements. First, the class is

numerous because it includes several hundred thousand members.

Second, there are common issues of law and fact capable of class-wide resolution under

the standard set forth in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011) (“What

matters to class certification . . . is not the raising of common ‘questions’ . . . but rather, the

capacity of a class-wide proceeding to generate common answers apt to drive the resolution of

the litigation.”) (first alteration in original) (emphasis in original) (internal citations omitted). All

members of the class challenge the FRN’s categorical revocation of their existing grants of

parole. That categorical revocation was made on the same terms for every class member.

Answering the question of whether such termination was lawful will resolve the issue of

whether, in the absence of individual determinations, all class members’ parole should expire no

later than the date specified in the FRN or, by contrast, on the date set forth on each class

members’ original grant of parole.

Third, the claims of the representative Plaintiffs are typical of the claims of the class.

“The plaintiff can meet [the typicality] requirement by showing that [their] injuries arise from the

same events or course of conduct as do the injuries of the class, and that [their] claims are based

on the same legal theory as those of the class.” In re Boston Scientific Corp. Secs. Litigation, 604

F. Supp. 2d 275, 282 (D. Mass. 2009). The claims of the representative Plaintiffs described

above are typical in that all Plaintiffs advance the same arguments as to why the categorical

termination of their grants of parole was unlawful.

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Fourth, the representative Plaintiffs fairly and adequately protect the interests of the class.

“The First Circuit requires two elements to establish adequacy under Rule 23(a)(4): (1) ‘that the

interests of the representative party will not conflict with the interests of any of the class

members,’ and (2) ‘that counsel chosen by the representative party is qualified, experienced and

able to vigorously conduct the proposed litigation.’” Bowers v. Russell, 2025 WL 342077, at *5

(D. Mass. Jan. 30, 2025) (quoting Andrews v. Bechtel Power Corp., 780 F.2d 124, 130 (1st Cir.

1985)). The interests of the representative Plaintiffs will not conflict with those of any class

members because the FRN does not differentiate between the different CHNV programs and

instead categorically revokes parole for all individuals paroled through those programs.

Additionally, the FRN’s rationale for why parole was no longer justified for these individuals did

not depend on circumstances specific to any Plaintiff or to Plaintiffs from any of the four

countries at issue. Finally, this court finds that Plaintiffs’ attorneys are qualified, experienced,

and able to vigorously conduct the proposed litigation.

Therefore, the Rule 23(a) requirements are satisfied as to the Early Revocation Parolee

Class.

B. The Rule 23(b)(2) Requirements

Plaintiffs argue that certification is appropriate here under Rule 23(b)(2), which applies

where Defendants have “acted or refused to act on grounds that apply generally to the class.”

Fed. R. Civ. P. 23(b)(2). “Rule 23(b)(2) applies only when a single injunction or declaratory

judgment would provide relief to each member of the class. It does not authorize class

certification when each individual class member would be entitled to a different injunction or

declaratory judgment against the defendant.” Wal-Mart, 564 U.S. at 360.

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Certification under Rule 23(b)(2) is appropriate here. A stay of the FRN as to the

revocation of existing grants of parole would address each Plaintiffs’ injuries, as described

above. See supra Part II.A.

IV.

Preliminary Relief

Courts weigh four factors in determining whether a stay should issue: “(1) whether the

stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether

the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will

substantially injure the other parties interested in the proceeding; and (4) where the public

interest lies.” Nken v. Holder, 556 U.S. 418, 425-26 (2009).

A. Likelihood of Success on the Merits

“An agency’s decision is arbitrary and capricious if the agency relied on improper

factors, disregarded ‘an important aspect of the problem, offered an explanation that runs counter

to the evidence,’ or when a reasonable explanation for the agency’s decision cannot be

discerned.” Gulluni v. Levy, 85 F.4th 76, 82 (1st Cir. 2023) (quoting Motor Vehicle Mfrs. Ass’n

of the U.S., Inc. v. State Farm Mut. Auto. Ins., 463 U.S. 29, 43 (1983)). “[A] court ‘is not to

substitute its judgment for that of the agency’ but rather determine ‘whether there has been a

clear error of judgment.’” Id. (quoting Fed. Commc’ns Comm’n v. Fox Television Stations, Inc.,

556 U.S. 502, 513 (2009)).

Plaintiffs raise two arguments regarding DHS’s termination of existing grants of parole

made pursuant to the CHNV programs.

First, Plaintiffs argue that the FRN’s explanation for why DHS rejected the alternative of

allowing CHNV parole to expire naturally rather than in 30 days was based on an “obvious legal

error.” Mem. ISO Mot. for Second PI 10 [Doc. No. 72]. The FRN stated that DHS rejected that

alternative because allowing parolees to remain in the United States for longer than 30 days

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would “essentially foreclose” DHS’s ability to deport them via expedited removal because it

would increase the likelihood that they would accrue more than two years of continuous presence

in the United States. See 90 Fed. Reg. at 13620 (citing 8 U.S.C. § 1232(b)(1)(iii)(II)).

Plaintiffs are likely to prevail on this argument because they are not subject to expedited

removal even if they have been here less than two years. Section 1225(b)(1), entitled “Inspection

of aliens arriving in the United States and certain other aliens who have not been admitted or

paroled,” provides for screening and expedited removal for a non-citizen “arriving in the United

States” or a non-citizen “who has not been admitted or paroled into the United States, and who

has not affirmatively shown . . . that the alien has been physically present in the United States

continuously for the 2-year period immediately prior to the date of the determination of

inadmissibility under this subparagraph.” 8 U.S.C. §§ 1225(b)(1)(A)(i), 1225(b)(1)(A)(iii)(II).

The statute thus allows for expedited removal for a non-citizen “arriving in the United States”

(i.e., arriving at the border or a port of entry) and for a non-citizen who entered the United States

without authorization, except that a non-citizen who entered the United States without

authorization, that is an individual who “has not been paroled or admitted into the United

States,” may not be subject to the expedited removal period if that individual has been present in

the United States for two years. The statute does not subject persons who were authorized to

enter the United States to expedited removal, regardless of how long they have been in the

United States.

Citing a case from the 11th Circuit, Defendants respond that the use of the present perfect

tense (“has not been . . . paroled”) reflects a “state that continues into the present,” meaning such

an alien may be processed for expedited removal under the provision once said alien’s parole has

been terminated or has expired. See Opp. to Second Mot. for PI 12 [Doc. No. 89]. But that case

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merely explained that “the use of the present-perfect tense can, as a matter of pure semantics,

refer to a time in the indefinite past or to a past action or state that continues into the present.”

Turner v. U.S. Att’y Gen., 130 F.4th 1254, 1261 (11th Cir. 2025) (emphasis in original). That the

present perfect tense may sometimes denote a state continuing into the present is obvious. But

the text of the provision at issue here makes clear its purpose, which is to limit the Secretary’s

authority to utilize expedited removal only with regard to those arriving at the border or a port of

entry, or those who entered the country unlawfully and have not been present in the country long

enough to warrant consideration of any interests their residence may have created.

The government further argues that, in any event, individuals whose parole has

terminated “may also be processed for expedited removal as an alien ‘arriving in the United

States’ under § 1225(b)(1)(A)(i).” That argument is contrary to the FRN’s rationale. The FRN

justified early termination of the parole periods based on the two-year period of accrual specified

in 1225(b)(1)(iii)(II). If, as Defendants contend, removal is proper under a provision with no

two-year period of accrual, early termination cannot be justified on the grounds that it would

remove an obstacle to expedited removal.

Plaintiffs are thus likely to prevail on their claim that DHS’s sole basis for rejecting the

alternative of allowing parole to expire naturally was based on a legal error. While “DHS was

not required . . . to ‘consider all policy alternatives in reaching [its] decision’ . . . it was required

to assess whether there were reliance interests, determine whether they were significant, and

weigh any such interests against competing policy concerns.” Regents of the Univ. of California,

591 U.S. at 33 (quoting State Farm, 463 U.S. at 51). DHS acknowledged the reliance interests of

individuals who are lawfully present in the United States based on grants of parole pursuant to

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the CHNV programs, but its stated reason for terminating parole grants within 30 days lacked a

rational basis. 29

Defendants maintain that even if this justification for rejecting the alternative was in

error, the decision was separately justified by DHS’s conclusion that “neither urgent

humanitarian reasons nor significant public benefit warrants the continued presence of aliens

paroled under the CHNV programs and the purposes of such parole therefore have been served.”

See 90 Fed. Reg. at 13620. But the FRN did not attend to any of the humanitarian reasons

underlying the creation of the CHNV programs and ignores that, under the CHNV programs,

“case-by-case temporary parole” was being used to address the relevant humanitarian concerns. 30

29

DHS’s rationale regarding expedited removal may have a further problem, namely, that

expedited removal proceedings “[do] not apply to an alien who is a native or citizen of a country

in the Western Hemisphere with whose government the United States does not have full

diplomatic relations and who arrives by aircraft at a port of entry.” 8 U.S.C. § 1225(b)(1)(F).

30

See, e.g., Implementation of a Parole Process for Venezuelans, 87 Fed. Reg. 63507, 63515

(Oct. 19, 2022) (“The case-by-case temporary parole of individuals pursuant to this process will

address the urgent humanitarian reasons faced by so many Venezuelans subject to the repressive

regime of Nicolás Maduro.”); Implementation of a Parole Process for Cubans, 88 Fed. Reg.

1266, 1275 (Jan. 9, 2023) (“The case-by-case temporary parole of individuals pursuant to this

process will address the urgent humanitarian needs of Cuban nationals who have fled crippling

economic conditions and social unrest in Cuba. The [Government of Cuba] continues to repress

and punish all forms of dissent and public criticism of the regime and has continued to take

actions against those who oppose its positions. This process provides a safe mechanism for

Cuban nationals who seek to leave their home country to enter the United States without having

to make the dangerous journey to the United States.”); Implementation of a Parole Process for

Haitians, 88 Fed. Reg. 1243, 1251 (Jan. 9, 2023) (“The case-by-case temporary parole of

individuals pursuant to this process also will address the urgent humanitarian needs of many

Haitian nationals[.] . . . [E]scalating gang violence, the aftermaths of an earthquake, and a

cholera outbreak have worsened already concerning political, economic, and social conditions in

Haiti.”); Implementation of a Parole Process for Nicaraguans, 88 Fed. Reg. 1255, 1263 (Jan. 9,

2023) (“The case-by-case temporary parole of individuals pursuant to this process will address

the urgent humanitarian needs of Nicaraguan nationals who have fled the Ortega regime and

Nicaragua. The Government of Nicaragua continues to repress and punish all forms of dissent

and public criticism of the regime and has continued to take actions against those who oppose its

positions.”).

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The FRN gave no explanation or support for the conclusion that the CHNV programs were

addressing relevant humanitarian concerns through something other than case-by-case

determinations. The FRN also gave no rationale for its conclusion that such humanitarian

concerns no longer justified the existing parole programs and offered no reasons for categorically

revoking parole despite the humanitarian concerns previously articulated by DHS. Finally,

despite asserting that “DHS believes that consideration of any urgent humanitarian reasons for

granting parole is best addressed on a case-by-case basis consistent with the statute, and taking

into consideration each alien’s specific circumstances,” 90 Fed. Reg. at 13612, the FRN provides

for no individual case-by-case determination as to the humanitarian concerns facing each parolee

whose parole is being truncated.

Given the significant reliance interests at stake—which the FRN recognized as aliens

departing their native countries, incurring expenses traveling to the United States, obtaining

housing and means of transport, and building connections in their communities—DHS was

required to give a justification for terminating existing grants of parole within 30 days instead of

on the original termination dates. Plaintiffs are likely to prevail on their claim that DHS’s

justification was inadequate because it was based on a legal error and failed to explain why

humanitarian concerns no longer justified the original periods of parole extended to the CHNV

parolees. Therefore, Plaintiffs are likely to prevail on their claim that the early termination of

parole was arbitrary and capricious. 31

31

Defendants’ contention that Plaintiffs are improperly seeking to challenge the application of

expedited removal, see Opp. to Second Mot. for PI at 13 [Doc. No. 89], mischaracterizes

Plaintiffs’ argument, which is that a desire to avoid the two-year accrual period of the expedited

removal statute was not a valid reason for early termination of grants of parole.

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Second, Plaintiffs argue that the decision to truncate all existing grants of parole was

contrary to the statutory requirement that parole be exercised “only on a case-by-case basis.” 8

U.S.C § 1182(d)(5)(A). Defendants respond that while Section 1182(d)(5)(A) requires grants of

parole to be made on “a case-by-case basis,” it imposes no similar requirement on terminations

of parole, where “[t]he sole statutory requirement to terminated parole is that, ‘in the opinion of

the Secretary,’ the purposes of parole have been served.” See Opp. to Second Mot. for PI 13

[Doc. No. 89] (quoting 8 U.S.C § 1182(d)(5)(A)). But the text of the statute supports Plaintiffs’

reading. Throughout the provision, Section 1182(d)(5)(A) refers in singular, rather than plural, to

grants of parole:

The Secretary of Homeland Security may . . . in his discretion parole into the

United States temporarily under such conditions as he may prescribe only on a caseby-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 when the purposes of such parole shall,

in the opinion of the Secretary of Homeland Security, 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 to the United States.

(Emphasis added). The statute thus seems to contemplate termination of parole on an individual,

rather than categorical, basis. This makes sense: Even under the categorical programs, grants of

parole were to be made on a case-by-case basis. While the reasons underlying grants pursuant to

the CHNV programs were likely fairly consistent, an individual parolee’s application was subject

to case-by-case review. The grant of parole may well have been justified for reasons not

applicable to others paroled through the programs, such that a categorical determination that the

“purposes of such parole” have been served may not attend to the reasons for that individual’s

grant of parole. Certainly, the Secretary has significant discretion to terminate a grant of parole

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under the statute. But by the terms of the statute, such termination must attend to the reasons an

individual alien received parole.

Defendants point to Zheng v. Napolitano, No. 09-cv-00347, 2009 WL 1258908, at *2 (D.

Colo. May 4, 2009), as “rejecting argument asserted in habeas petition that sought to ‘engraft[]

the requirements pertaining to initial parole decisions onto parole revocation decisions.’” See

Opp. to Second Mot. for PI at 14 [Doc. No. 89] (alteration in original). While that court did note

that it had found no case law supporting petitioner’s claim that individual determinations were

required, it explained that petitioner’s notice that his parole had been revoked “specifically

informed him that parole had been granted initially to allow him to acquire appropriate travel

documents,” that such documents had been obtained previously, and there was no reason to

believe that travel documents would not be forthcoming. 2009 WL 1258908, at *2. In other

words, an individual decision was made to revoke his parole. The absence of case law supporting

Plaintiffs’ position may thus reflect DHS’s prior practice of making individual determinations to

revoke parole and does not undermine the textual analysis.

Therefore, Plaintiffs are likely to succeed on their claim that the FRN’s categorical

termination of existing grants of parole was arbitrary and capricious.

B. Irreparable Harm

Absent preliminary relief, the FRN will cause Plaintiffs’ parole to terminate in less than

two weeks, at which time they will be forced to choose between two injurious options: continue

following the law and leave the country on their own, or await removal proceedings. The court

discussed the harmful consequences of either of these two options above. See supra Part II.A.

The first option will expose Plaintiffs to dangers in their native countries and will cause Plaintiffs

forfeit their APA claims. The second option will put Plaintiffs at risk of arrest and detention and,

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because Plaintiffs will be in the United States without legal status, undermine Plaintiffs’ chances

of receiving other forms of immigration relief in the future—potentially permanently. Waiting

for final relief will not spare Plaintiffs from these consequences. 32

C. The Balance of Equities and the Public Interest

The final two factors, the balance of equities and the public interest, “merge when the

Government is the opposing party.” Nken, 556 U.S. at 435. Defendants maintain that preliminary

relief would “limit the Administration’s ability to pursue its foreign policy goals and to exercise

its discretionary powers with respect to immigration.” Opp. to Second Mot. for PI 18 [Doc. No.

89]. However, the relief contemplated in this order would not authorize the entry of any

individual currently outside the United States. Nor would it extend the original grants of parole

awarded by DHS. It would only require the agency to give fuller consideration to the reliance

interests of parolees who entered the United States lawfully and who followed instructions

established by the United States government for seeking discretionary grants of parole, and to

make any decisions terminating grants of parole in an individual, case-by-case manner.

Defendants contend that preliminary relief would “impede the Government’s strong

interest in being able to remove aliens from the United States who lack the ability to obtain more

32

At an April 10, 2025 hearing before the court, Defendants emphasized the FRN’s language

indicating that DHS would not prioritize for removal aliens who had filed requests for benefits

such as TPS or asylum prior to the issuance of the FRN. See 90 Fed. Reg. at 13619. But this

statement is essentially meaningless, where Defendants gave no specificity, in the FRN or at the

hearing, as to what it means in this circumstance for individuals with pending benefits requests to

not be an enforcement priority. Regardless of whether particular individuals are “enforcement

priorities,” they would still be unlawfully present in the United States and therefore subject to the

negative repercussions of that status, including an inability to legally work and the possibility of

being arrested when stepping outside their door. Moreover, Defendants’ Davidson Memorandum

has indefinitely suspended benefits adjudications filed by CHNV parolees, further undermining

Defendants’ enforcement priority argument.

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permanent status.” Id. at 19. The suggestion that these noncitizens “lack the ability to obtain

more permanent status” reflects the Defendants’ choice to not make permanent status more

available to them. Regardless, Defendants have offered no substantial reason or public interest

that justifies forcing individuals who were granted parole into the United States for a specified

duration to leave (or move into undocumented status) in advance of the original date their parole

was set to expire. Nor is it in the public interest to summarily declare that hundreds of thousands

of individuals are no longer considered lawfully present in the country, such that these

individuals cannot legally work in their communities or provide for themselves and their

families. Instead, the early termination, without any case-by-case justification, of legal status for

noncitizens who have complied with DHS programs and entered the country lawfully

undermines the rule of law.

The court finds the balance of equities and public interest weigh in favor of preliminary

relief. 33

33

Defendants argue that, should preliminary relief issue, such relief should be subject to bond.

See Fed. R. Civ. P. 65(c). “[T]here is ample authority for the proposition that the provisions of

Rule 65(c) are not mandatory and that a district court retains substantial discretion to dictate the

terms of an injunction bond.” Int’l Ass’n of Machinists and Aerospace Workers v. Eastern

Airlines, Inc., 925 F.2d 6, 9 (1st Cir. 1991) (citing Crowley v. Local No. 82, Furniture and Piano

Moving, 679 F.2d 978, 999-1001 (1st Cir. 1982)). In Crowley, the court stated that in deciding

whether to set a bond requirement in non-commercial cases, the court should consider “the

possible loss to the enjoined party together with the hardship that a bond requirement would

impose on the applicant,” and, “[s]econd, in order not to restrict a federal right unduly, the

impact that a bond requirement would have on enforcement of the right[.]” Crowley, 679 F.2d at

1000. Here, the court finds: (1) no showing of any monetary loss on the enjoined parties in

staying the early termination of the grants of parole; (2) that requiring a bond would impose a

substantial hardship on the Plaintiffs; and (3) a grave risk that imposing a bond would

undesirably deter individuals from enforcing their procedural rights to challenge agency action

affecting immigration decisions. Accordingly, the court finds that the burden of a bond on

Plaintiffs outweighs any likely loss by the government.

39

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Request for a Stay Pending Appeal

Defendants orally requested a stay of this decision pending appeal. As with Plaintiffs’

request for a stay of the FRN, the court must weigh four factors in determining whether a stay of

the court’s order pending appeal should issue: “(1) whether the stay applicant has made a strong

showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably

injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties

interested in the proceeding; and (4) where the public interest lies.” See Nken, 556 U.S. at 42526. Here, Defendants have not made a strong showing that they are likely to succeed on the

merits or that they will be injured absent a stay, while the issuance of a stay of the court’s order

would allow for the truncation of parole of hundreds of thousands of parolees. And for the

reasons set forth above, the public interest lies in denying Defendants’ request for a stay.

Accordingly, Defendants’ request for a stay in DENIED.

VI.

Conclusion

Accordingly, the court grants emergency relief as follows:

1. 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 United

States 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.

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2. All individualized notices 34 sent to noncitizens from Cuba, Haiti, Nicaragua, and

Venezuela via their USCIS online account notifying them that their parole is being

revoked without case-by-case review pursuant to the Termination of Parole Processes

for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25,

2025) are also STAYED pending further court order.

IT IS SO ORDERED.

April 14, 2025

/s/ Indira Talwani

United States District Judge

34

See, e.g., Termination of Parole Notice [Doc. No. 88-1] (“Effective March 25, 2025, the U.S.

Department of Homeland Security (DHS) has exercised its discretion to terminate the categorical

parole programs for aliens who are nationals of Cuba, Haiti, Nicaragua, and Venezuela, and their

immediate family members.”).

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UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

SVITLANA DOE, et al.,

Plaintiffs,

v.

KRISTI NOEM, in her official capacity as

Secretary of Homeland Security, et al.,

Defendants.

*

*

*

*

*

*

*

*

*

*

*

Civil Action No. 1:25-cv-10495-IT

ORDER GRANTING CLASS CERTIFICATION

April 14, 2025

Upon consideration of Plaintiffs’ Supplemental Motion for Class Certification [Doc. No.

73], the court hereby certifies a class of:

All individuals who have received a grant of parole that is subject to the

Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and

Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), rescinding individual grants of

parole on a categorical and en masse basis, except: (1) those individuals who

voluntarily left, and remain outside, the United States prior to the issuance of that

Notice; and (2) those individuals who choose to opt out of the class in order to seek

relief in separate litigation.

The court appoints Armando Doe, Ana Doe, Carlos Doe, Andrea Doe, Lucia Doe, Miguel Doe,

and Daniel Doe as Class Representatives 1 and John A. Freedman, Daniel B. Asimow, and Laura

Scott Shores of Arnold & Porter Kaye Scholer LLP, Karen C. Tumlin of Justice Action Center,

and Anwen Hughes of Human Rights First as class counsel.

1

These Plaintiffs are proceeding here under pseudonyms pursuant to the parties’ Stipulated

Protective Order Concerning Confidential Doe PII [Doc. No. 57] and this court’s Electronic

Order [Doc. No. 69] granting Plaintiffs’ Second Supplemental Motion to Proceed Under

Pseudonym [Doc. No. 64]. All Plaintiffs except Miguel Doe voluntarily provided their identities

to Defendants, and all Plaintiffs have provided their identities to this court for in camera review.

See Mem. & Order [Doc. No. 79]; Sealed Notice Providing Plaintiffs’ Identities [Doc. No. 81-1].

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For the reasons set forth in the court’s Memorandum & Order Granting in Part Plaintiffs’

Emergency Motion for a Stay of DHS’s En Masse Truncation of All Valid Grants of CHNV

Parole (“Order on Motion to Stay”) [Doc. No. 97], the court finds, as to the prerequisites set

forth in Fed. R. Civ. P. 23(a), that (1) the class is so numerous that joinder of all members is

impracticable, (2) there are questions of law or fact common to the class, (3) the claims or

defenses of the representative parties 2 are typical of the claims or defenses of the class, and (4)

the interests of the representative parties will not conflict with the interests of any of the class

members; and as to the types of class actions permitted under Fed. R. Civ. P. 23(b), that

Defendants have “acted or refused to act on grounds that apply generally to the class.” See Fed.

R. Civ. P. 23(b)(2). Finally, the court finds, based on counsels’ declarations and filings, 3 that

counsel chosen by Plaintiffs are “qualified, experienced and able to vigorously conduct the

proposed litigation.” Andrews v. Bechtel Power Corp., 780 F.2d 124, 130 (1st Cir. 1985)).

Accordingly, certification under Rule 23(b)(2) is appropriate.

At the time of certification, the court “must appoint class counsel under Rule 23(g).” Fed.

R. Civ. P. 23(c)(1)(B). “Class counsel must fairly and adequately represent the interests of the

class.” Fed. R. Civ. P. 23(g)(4). “In appointing class counsel, the court . . . must consider (i) the

work counsel has done in identifying or investigating potential claims in the action; (ii) counsel’s

experience in handling class actions, other complex litigation, and the types of claims asserted in

2

See Order on Motion to Stay 10-16 [Doc. No. 97]; see also Armando Doe Decl. [Doc. No. 243]; Ana Doe Decl. [Doc. No. 24-2]; Carlos Doe Decl. [Doc. No. 24-4]; Andrea Doe Decl. [Doc.

No. 27-1]; Lucia Doe Decl. [Doc. No. 64-3]; Miguel Doe Decl. [Doc. No. 64-4]; Daniel Doe

Decl. [Doc. No. 64-5].

3

See John A. Freedman Decl. [Doc. No. 46-2] (describing experience litigating class actions and

immigration challenges and attesting to the work of his team in conducting this litigation); Karen

C. Tumlin Decl. [Doc. No. 46-3] (similar); Anwen Hughes Decl. [Doc. No. 46-4] (similar). All

counsel state that they are aware of no conflicts of interest.

2

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the action; (iii) counsel’s knowledge of the applicable law; and (iv) the resources that counsel

will commit to representing the class.” Fed. R. Civ. P. 23(g)(1).

Based on counsels’ declarations and filings, the proposed counsel have conducted factual

investigations leading to this lawsuit, have engaged in class action litigation or other complex

litigation involving immigration matters, have demonstrated knowledge of the applicable

immigration law, and have attested to having adequate resources to represent the class.

Therefore, the Rule 23(g) requirements are satisfied by the appointment of class counsel here.

This order “may be altered or amended before final judgment.” Fed. R. Civ. P.

23(c)(1)(C). Further relief sought in Plaintiffs’ Motion to Certify Class [Doc. No. 46] and

Supplemental Motion for Class Certification [Doc. No. 73] remains pending.

IT IS SO ORDERED.

April 14, 2025

/s/ Indira Talwani

United States District Judge

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EXHIBIT D

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

SVITLANA DOE, et al.,

)

)

)

)

)

)

)

)

)

)

Plaintiffs,

v.

KRISTI NOEM, in her official capacity as

Secretary of Homeland Security, et al.;

Defendants.

Civil Action No.

1:25-cv-10495-IT

DECLARATION OF KIKA SCOTT

I, Kika Scott, make the following declaration, as permitted by Section 1746 of Title 28 of

the United States Code. I am aware that this declaration will be filed in the above-captioned civil

action with the United States District Court for the District of Massachusetts. I hereby certify:

1. I am the Senior Official Performing the Duties of the Director of U.S. Citizenship and

Immigration Services ("USCIS"), a component agency within the United States

Department of Homeland Security (“DHS”). I have held this position since February 9,

2025. Previously, I was the Chief Financial Officer, USCIS, DHS, since May 27, 2019.

2. The statements contained in this declaration are based upon my personal knowledge, and

upon information provided to me in my official capacity.

3. President Trump signed Executive Order 14165 on January 20, 2025. 1 Pursuant to that

Executive Order, on January 23, 2025, Acting Director Jennifer Higgins directed that

USCIS adjudicators should not make any final decisions (approval, denial, closure) or

issue a travel document or I-94 for any initial parole or re-parole application, petition,

motion, or other request, filed under Uniting for Ukraine (U4U), the parole programs for

Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), Operation Allies Welcome

1

Executive Order 14165, Securing Our Borders, 90 Fed. Reg. R 8467 (Jan. 20, 2025) (published Jan. 30, 2025).

1

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(OAW) re-parole, Family Reunification Parole (FRP) programs, and the Central

American Minors (CAM) parole program. She further instructed that the pause did not

apply to requests for advance parole, non-categorical Form I-131 Humanitarian Parole, or

government referrals for parole filed and adjudicated on a case-by-case basis for urgent

humanitarian reasons or significant public benefit.

4. On January 28, 2025, USCIS provided notice on its website (see, e.g., www.uscis.gov/i134A) that it was pausing acceptance of the Form I-134A, Online Request to be a

Supporter and Declaration of Financial Support, until the Agency had reviewed all

categorial parole programs as instructed by Executive Order (EO) 14165. The Form I134A is used to initiate the parole processes for the U4U, CHNV, and FRP programs.

5. The CHNV parole programs were also previously briefly paused in July 2024 to evaluate

program vulnerabilities, as has been publicly reported. 2 The then-Secretary of Homeland

Security instructed USCIS and U.S. Customs and Border Protection (CBP) to pause the

CHNV parole programs due to concerns that fraud, public safety, and national security

were insufficiently addressed and that U.S.-based supporters were not sufficiently

screened and vetted.

6. On February 14, 2025, Acting Deputy Director Andrew Davidson issued a USCIS-wide

administrative hold on all pending benefit requests filed by aliens who are or were

paroled into the United States pursuant to INA § 212(d)(5)(A) under the U4U, CHNV,

and FRP programs pending the completion of additional vetting to identify any fraud,

public safety, or national security concerns. The hold was issued pursuant to EO 14165.

7. As of the date of this declaration, the programs have not been terminated. Benefit

requests submitted by U4U, CHNV, and FRP parolees remain pending and on hold until

USCIS completes its review of the programs and the screening and vetting that these

parolees and their supporters received to ensure that it comported with the uniform

See, e.g., Staff of H. Comm. on the Judiciary, 119th Cong., The Biden-Harris Administration’s CHNV Parole

Program Two Years Later: A Fraud-Ridden, Unmitigated Disaster (2024), https://judiciary.house.gov/sites/evosubsites/republicans-judiciary.house.gov/files/evo-media-document/2024-1120%20The%20Biden%20Harris%20Administration%27s%20CHNV%20Parole%20Program%20Two%20Years%2

0Later%20-%20A%20Fraud-Ridden%2C%20Unmitigated%20Disaster.pdf.

2

2

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baseline that existed on January 19, 2021. USCIS has issued a temporary pause to review

vetting procedures to ensure that only individuals who are eligible for immigration

benefits receive them.

8. Although certain categorical parole programs have been paused pending further review,

DHS and USCIS continue to accept and process certain individual parole requests filed

on Form I-131, Application for Travel Documents, Parole Documents, and

Arrival/Departure Records, on a case-by-cases basis, for urgent humanitarian reasons or

significant public benefit, including requests based on military parole in place (MIL PIP),

Immigrant Military Members and Veterans Initiative (IMMVI), U.S. Government

referrals for parole, as well as individual parole requests not under a particular program

or process. 3 Additionally, in some instances where an alien needs to remain in the United

States after their period of parole terminates, the alien may request a new period of

parole, also known as re-parole, by filing Form I-131 with USCIS from within the United

States. Such requests are also adjudicated on a case-by-case basis for urgent humanitarian

reasons or significant public benefit which warrants the new period of parole.

9. The Immigration and Nationality Act (“INA”) confers upon the Secretary of Homeland

Security (“Secretary”) the narrow discretionary authority to parole aliens into the United

States “temporarily under such conditions as [DHS] may prescribe only on a case-by-case

basis for urgent humanitarian reasons or significant public benefit . . . but such parole of

such alien shall not be regarded as an admission of the alien and when the purposes of

such parole shall, in the opinion of the Secretary of Homeland Security, have been served

the alien shall forthwith return or be returned to the custody from which he was

paroled....” .” See INA 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 8 CFR 212.5(a)

and (c) through (e) (discretionary authority for establishing conditions of parole and for

terminating parole). Pursuant to EO 14165, the Secretary is evaluating categorical parole

programs to determine whether to exercise her discretion in this way, evaluating whether

See, e.g., Humanitarian or Significant Public Benefit Parole for Aliens Outside the United States

https://www.uscis.gov/humanitarian/humanitarian_parole

3

3

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the programs still serve their intended purposes and are consistent with the goals of the

current Administration.

9. In this case, DHS, including USCIS, would be harmed if a preliminary injunction were

granted to require DHS to resume review of requests filed under certain parole programs

before the Secretary of DHS has completed her review. Requiring USCIS to review

requests related to parole under the paused parole programs while the Secretary’s review

is taking place would require USCIS to allocate resources away from other

Administration priorities, even though the Secretary may decide not to exercise her

discretion to continue these categorical parole programs. Further, to the extent that fraud,

public safety, and national security concerns exist among individuals seeking to support a

potential beneficiary and among potential beneficiaries under the paused programs,

requiring DHS to continue screening, vetting, and reviewing individuals’ requests to be a

supporter or applications for parole or re-parole would harm the agency’s ability to fulfill

its mission for the reasons explained below.

10. From their inception, DHS has expressly advised the public that the parole programs are

discretionary. In establishing the CHNV parole programs, DHS stated that “[t]he

Secretary retains the sole discretion to terminate the [Parole Program] … at any point” 4

and that “DHS may terminate parole in its discretion at any time.” 5 The CHNV parole

programs were “being implemented as a matter of the Secretary’s discretion. [They are]

not intended to and [do] not create any rights, substantive or procedural, enforceable by

any party in any matter, civil or criminal.” DHS made similar statements regarding FRP,

including explaining, “The Secretary retains the sole discretion to terminate this FRP

process at any point.” 6 In establishing the CAM program, DHS explained, “DHS may

terminate parole in its discretion at any time.” 7

4

E.g., 88 FR at 1268 (Cuba).

5

E.g., 88 FR at 1272 (Cuba).

6

88 FR 43611 at 43619 (FRP for Salvadorans).

7

88 FR at 21698 (CAM).

4

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11. In most instances, potential beneficiaries of these parole programs are currently outside

of the United States. If individuals are engaged in fraud, or wish to cause harm to the

United States, requiring DHS to resume these programs would facilitate the arrival of

aliens who may be bad actors onto U.S. soil. Further, once paroled into the United States,

DHS would need to expend additional resources to terminate parole and remove the alien,

as appropriate.

13. Permitting aliens to travel to the United States, if they are engaged in fraud, also

undermines the integrity of the immigration system. If the American public believes that

DHS does not have thorough vetting and that aliens who do not warrant a favorable

exercise of discretion are paroled into the United States, then there is less trust in the

immigration system. Further, perception that DHS is not combatting fraud is likely to

encourage more fraudulent applications, petitions, and requests. In this instance, there is

reason to believe that there is fraud occurring in these parole programs, based on USCIS’

findings in its prior review of the CHNV programs.

14. USCIS would also be harmed if the February 14, 2025 Davidson Memo to pause

adjudication of immigration benefits filed by aliens who were paroled into the United

States under these programs were enjoined. A temporary hold on processing of

immigration benefit requests filed by aliens paroled into the United States under the U4U,

CHNV, and FRP programs allows USCIS, in coordination with other partners in DHS, to

determine the scope of any further fraud, and implement measures to prevent those

individuals from obtaining further immigration benefits in the United States.

15. USCIS may, in its discretion, issue temporary holds on adjudication of certain benefits to

conduct investigations and vetting to determine that an individual is eligible for the

benefit sought. USCIS has an obligation to only grant immigration benefits to individuals

who are eligible for them, and to investigate the individual’s background to ensure

eligibility. In this instance, as articulated in the February 14, 2025 Davidson Memo,

USCIS determined that parolees whose immigration benefits are subject to the hold may

not have received screening and vetting to the maximum degree possible or that comports

5

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with the uniform baseline that existed on January 19, 2021, as required per EO 14161,

prior to being granted parole. Without this hold, and taking the time to flag cases where

the parolee (and/or their supporter) may have committed fraud or pose a national security

or public safety concern for additional review, USCIS may inadvertently grant

immigration benefits to aliens who are either ineligible for the benefit sought as a matter

of law or where the benefit is discretionary, does not warrant a favorable exercise of

discretion. Further, while parole is not a permanent benefit, many aliens who were

paroled into the United States under these programs now have applications pending that

would provide them permanent status in the United States. If USCIS later determines that

these benefits were improperly granted, it may be difficult and time-consuming to rescind

or terminate.

16. I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the foregoing is true

and correct to the best of my knowledge. Executed this 20th day of March, 2025, in

Camp Springs, Maryland.

KIKA M SCOTT

Digitally signed by KIKA M

SCOTT

Date: 2025.03.20 23:01:49

-04'00'

__________________________________

Kika Scott

Senior Official Performing the Duties of the

Director

U.S. Citizenship and Immigration Services

Department of Homeland Security

6

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EXHIBIT 1

to Plaintiffs’ Emergency Motion for a Preliminary Injunction and

Stay of DHS’V (Q0DVVH Truncation of all Valid Grants of CHNV

Parole

Doe et al. v. Noem et al., 1:25-cv-10495-IT (D. Mass.)

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Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Notices

ddrumheller on DSK120RN23PROD with NOTICES1

below in advance of the meeting. The

open session will be videocast and can

be accessed from the NIH Videocasting

website (http://videocast.nih.gov/).

The meeting will be closed to the

public in accordance with the

provisions set forth in sections

552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

as amended. The grant applications and

the discussions could disclose

confidential trade secrets or commercial

property such as patentable material,

and personal information concerning

individuals associated with the grant

applications, the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy.

Name of Committee: Council of Councils.

Date: April 21, 2025.

Open: April 21, 2025, 10:00 a.m. to 12:15

p.m.

Agenda: Welcome and Opening Remarks;

Announcements, and NIH Program Updates;

Presentations; and Other Business of the

Committee.

Place: National Institutes of Health

Building 1, 1 Center Drive, Bethesda, MD

20892 (Virtual Meeting).

Closed: April 21, 2025, 12:15 p.m. to 01:15

p.m.

Agenda: Review of Grant Applications.

Place: National Institutes of Health

Building 1, 1 Center Drive, Bethesda, MD

20892 (Virtual Meeting).

Open: April 21, 2025, 01:15 p.m. to 04:35

p.m.

Agenda: NIH Program Updates;

Presentations; and Other Business of the

Committee.

Place: National Institutes of Health

Building 1, 1 Center Drive, Bethesda, MD

20892 (Virtual Meeting).

Contact Person: Franziska Grieder, D.V.M.,

Ph.D., Executive Secretary, Council of

Councils, Director, Office of Research

Infrastructure Programs, Division of Program

Coordination, Planning, and Strategic

Initiatives, Office of the Director, NIH, 6701

Democracy Boulevard, Room 948, Bethesda,

MD 20892, GriederF@mail.nih.gov, 301–435–

0744.

Any interested person may file written

comments with the committee by forwarding

the statement to the Contact Person listed on

this notice. The statement should include the

name, address, telephone number and when

applicable, the business or professional

affiliation of the interested person.

Information is also available on the

Council of Council’s home page at http://

dpcpsi.nih.gov/council/ where an agenda and

any additional information for the meeting

will be posted when available.

(Catalogue of Federal Domestic Assistance

Program Nos. 93.14, Intramural Research

Training Award; 93.22, Clinical Research

Loan Repayment Program for Individuals

from Disadvantaged Backgrounds; 93.232,

Loan Repayment Program for Research

Generally; 93.39, Academic Research

Enhancement Award; 93.936, NIH Acquired

Immunodeficiency Syndrome Research Loan

Repayment Program; 93.187, Undergraduate

VerDate Sep<11>2014

18:03 Mar 24, 2025

Jkt 265001

Scholarship Program for Individuals from

Disadvantaged Backgrounds, National

Institutes of Health, HHS)

Dated: March 20, 2025.

Bruce A. George,

Program Analyst, Office of Federal Advisory

Committee Policy.

[FR Doc. 2025–05010 Filed 3–24–25; 8:45 am]

BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND

SECURITY

Termination of Parole Processes for

Cubans, Haitians, Nicaraguans, and

Venezuelans

ACTION: Notice.

SUMMARY: The Department of Homeland

Security (‘‘DHS’’) is terminating the

categorical parole programs for

inadmissible aliens from Cuba, Haiti,

Nicaragua, and Venezuela and their

immediate family members (hereinafter

referred to as ‘‘CHNV parole programs’’)

that DHS announced in 2022 and 2023.

This Federal Register notice is intended

to provide context and guidance to the

public regarding the termination of the

CHNV parole programs and related

employment authorization.

DATES: DHS is terminating the CHNV

parole programs as of March 25, 2025.

The temporary parole period of aliens in

the United States under the CHNV

parole programs and whose parole has

not already expired by April 24, 2025

will terminate on that date unless the

Secretary makes an individual

determination to the contrary. Parolees

without a lawful basis to remain in the

United States following this termination

of the CHNV parole programs must

depart the United States before their

parole termination date.

FOR FURTHER INFORMATION CONTACT:

Ihsan Gunduz, Border and Immigration

Policy, Office of Strategy, Policy, and

Plans, Department of Homeland

Security, 2707 Martin Luther King Jr.

Ave. SE, Washington, DC 20528–0445;

telephone (202) 447–3459 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

I. Background

Over the previous two years, DHS has

implemented programs through which

inadmissible aliens who are citizens or

nationals of designated countries, and

their immediate family members, could

request authorization to travel to the

United States in order to be considered

for parole into the country.1 Under these

1 Implementation of a Parole Process for Cubans,

88 FR 1266 (Jan. 9, 2023); Implementation of a

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13611

categorical parole programs, potentially

eligible beneficiaries were adjudicated

on a case-by-case basis, for advance

authorization to travel to a U.S. port of

entry (‘‘POE’’) in the interior of the

country to seek a discretionary grant of

parole.

On January 20, 2025, President Trump

issued Executive Order 14165,

‘‘Securing Our Borders.’’ 2 Section 2 of

the Order establishes a policy of the

United States to take all appropriate

action to secure the borders of our

Nation through a range of means,

including deterring and preventing the

entry of illegal aliens into the United

States, and removing promptly all aliens

who enter or remain in violation of

Federal law. Section 7 of the Order

directs the Secretary of Homeland

Security to, consistent with applicable

law, take all appropriate action to

‘‘[t]erminate all categorical parole

programs that are contrary to the

policies of the United States established

in [the President’s] Executive Orders,

including the program known as the

‘Processes for Cubans, Haitians,

Nicaraguans, and Venezuelans.’ ’’

Consistent with the President’s

direction, and for the independent

reasons stated in this notice, this notice

terminates the CHNV parole programs.

Although DHS established the

categorical programs for each country

through a separate notice in the Federal

Register, the justification for the

establishment of each of the four

categorical programs was very similar,3

and the rationale for termination is

largely consistent for all four parole

programs. Thus, DHS is announcing the

termination of all four parole programs

by publishing this single notice in the

Federal Register.

II. DHS Parole Authority

The Immigration and Nationality Act

(‘‘INA’’) confers upon the Secretary of

Homeland Security (‘‘Secretary’’) the

narrow discretionary authority to parole

inadmissible aliens into the United

States ‘‘temporarily under such

conditions as [DHS] may prescribe only

on a case-by-case basis for urgent

Change to the Parole Process for Cubans, 88 FR

26329 (Apr. 28, 2023); Implementation of a Parole

Process for Haitians, 88 FR 1243 (Jan. 9, 2023);

Implementation of a Change to the Parole Process

for Haitians, 88 FR 26327 (Apr. 28, 2023);

Implementation of a Parole Process for Nicaraguans,

88 FR 1255 (Jan. 9, 2023); Implementation of a

Parole Process for Venezuelans, 87 FR 63507 (Oct.

19, 2022); Implementation of Changes to the Parole

Process for Venezuelans, 88 FR 1279 (Jan. 9, 2023).

2 See Executive Order 14165, Securing Our

Borders, 90 FR 8467 (Jan. 20, 2025) (published Jan.

30, 2025).

3 Compare, e.g., 88 FR at 1260–63, with 88 FR at

1248–52 (setting out the justifications for the parole

programs for Nicaragua and Haiti, respectively).

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humanitarian reasons or significant

public benefit.’’ See INA 212(d)(5)(A), 8

U.S.C. 1182(d)(5)(A); see also 8 CFR

212.5(a) and (c) through (e)

(discretionary authority for establishing

conditions of parole and for terminating

parole). Additionally, upon a finding by

DHS that the purpose of the temporary,

discretionary parole has been served,

the alien is required to depart the

United States ‘‘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 to

the United States.’’ INA 212(d)(5)(A), 8

U.S.C. 1182(d)(5)(A).

A review of the history of the parole

authority supports the contention that

discretionary parole determinations

were intended by Congress to be

narrowly tailored to specific instances

and not based on a set of broadly

applicable eligibility criteria.4 Under the

law, the determination to parole an

alien into the country should only be

made on a case-by-case basis, taking

into account each alien’s unique

circumstances. The ultimate

determination whether to parole an

alien into the United States upon the

alien’s arrival at a POE is made by U.S.

Customs and Border Protection (‘‘CBP’’)

officers. See 8 CFR 212.5(a).

Parole is inherently temporary, and

parole alone is not an underlying basis

4 Parole was codified into immigration law in the

Immigration and Nationality Act of 1952. As

envisioned then, the 1952 Act authorized the

Attorney General to parole aliens temporarily under

such conditions as he may prescribe for emergent

reasons or reasons deemed strictly in the public

interest. As expressed then, ‘‘the parole of aliens

seeking admission is simply a device through

which needless confinement is avoided while

administrative proceedings are conducted.’’ See

Leng May Ma v. Barber, 357 U.S. 185, 190 (1958).

However, the parole authority, whether intended to

be narrow or broad, has in fact been used in an

increasingly broad manner since its inception, often

earning the criticism of Congress, which in 1996

wrote, ‘‘[i]n recent years, however, parole has been

used increasingly to admit entire categories of

aliens who do not qualify for admission under any

other category in immigration law, with the intent

that they will remain permanently in the United

States. This contravenes the intent of section

212(d)(5), but also illustrates why further, specific

limitations on the Attorney General’s discretion are

necessary.’’ See H.R. Rep. 104–469, pt. 1, at 140

(1996). Furthermore, the Illegal Immigration Reform

and Immigration Responsibility Act of 1996

(‘‘IIRIRA’’) struck from INA 212(d)(5)(A), 8 U.S.C.

1182(d)(5)(A), the phrase, ‘‘for emergent reasons or

for reasons deemed strictly in the public interest’’

as grounds for granting parole into the United States

and inserted ‘‘only on a case-by-case basis for

urgent humanitarian reasons or significant public

benefit.’’ See Public Law 104–208, div. C, § 602(a).

‘‘The legislative history indicates that this change

was animated by concern that parole under 8 U.S.C.

1182(d)(5)(A) was being used by the executive to

circumvent congressionally established

immigration policy.’’ Cruz-Miguel v. Holder, 650

F.3d 189, 199 n.15 (2d Cir. 2011).

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for obtaining any immigration status,

nor does it constitute an admission to

the United States. See INA

101(a)(13)(B), 212(d)(5)(A), 8 U.S.C.

1101(a)(13)(B), 1182(d)(5)(A). Once an

alien is paroled into the United States,

the parole allows the alien to stay

temporarily in the United States for the

duration of the parole period unless and

until the parole expires or is otherwise

terminated. See 8 CFR 212.5(e).

Paroled aliens, including those

paroled under the CHNV parole

programs, may apply for any

immigration benefit or status for which

they may be eligible, including

discretionary employment authorization

under the (c)(11) employment eligibility

category. See 8 CFR 274a.12(c)(11). In

the absence of any subsequent

application conferring an immigration

benefit or status, and upon termination

of parole, such alien will remain an

arriving alien. See 8 CFR 1.2; see also

INA 101(a)(13)(B), 8 U.S.C.

1101(a)(13)(B).

III. Rationale for Initial

Implementation

When DHS established the CHNV

parole programs, DHS provided several

justifications for their promulgation.

See, e.g., 88 FR at 1248–51

(Implementation of a Parole Process for

Haitians). Overall, DHS stated that the

programs would provide a significant

public benefit for the United States and

address the urgent humanitarian reasons

underlying the high levels of migration

from those countries.

With respect to the significant public

benefit, DHS wrote that the CHNV

parole programs would: (i) enhance

border security by reducing illegal

immigration between the POEs, (ii)

minimize the domestic impact of high

levels of illegal immigration by CHNV

nationals, particularly in border

communities; (iii) improve vetting for

national security and public safety; (iv)

reduce the strain on DHS personnel and

resources; (v) disincentivize a dangerous

journey that puts migrant lives and

safety at risk and enriches smuggling

networks; and (vi) fulfill important

foreign policy goals to manage migration

collaboratively in the hemisphere.

For the reasons discussed below, DHS

has determined that it is now

appropriate and necessary to terminate

the CHNV parole programs. These

programs do not serve a significant

public benefit, are not necessary to

reduce levels of illegal immigration, did

not sufficiently mitigate the domestic

effects of illegal immigration, are not

serving their intended purposes, and are

inconsistent with the Administration’s

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foreign policy goals.5 Regarding

previous arguments or determinations

that these programs were consistent

with the requirement of ‘‘urgent

humanitarian reasons’’ for granting

parole, DHS believes that consideration

of any urgent humanitarian reasons for

granting parole is best addressed on a

case-by-case basis consistent with the

statute, and taking into consideration

each alien’s specific circumstances.

These reasons, independently and

cumulatively, support termination of

the CHNV parole programs.

Accordingly, the Secretary, in her

discretion, is terminating the CHNV

parole programs. Consistent with her

statutory authority, the Secretary retains

discretion to continue to extend parole

to any alien paroled under CHNV—

temporarily under such conditions as

she may prescribe only on a case-bycase basis for urgent humanitarian

reasons or significant public benefit. See

INA 212(d)(5)(A), 8 U.S.C.

1182(d)(5)(A). The decision to do so, or

not do so, is committed to the

Secretary’s sole discretion.

1. The CHNV Parole Programs Are

Unnecessary To Achieve Border

Security Goals

From the announcement of the parole

program for Venezuelans and their

immediate family members on October

12, 2022, through the subsequent

addition of the programs for Cubans,

Haitians, Nicaraguans, and their

immediate family members in January

2023, and until January 22, 2025,

approximately 532,000 inadmissible

aliens were granted advance

authorization to travel to the United

States and receive consideration for

parole into the United States.6

One justification for these 532,000

discretionary paroles was to ‘‘enhance

border security’’ at the southwest border

of the United States.7 DHS reasoned that

by ‘‘incentivizing individuals to seek a

lawful, orderly means of traveling to the

United States, while imposing

5 See INA 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A)

(‘‘. . . when the purposes of such parole shall, in

the opinion the Secretary of Homeland Security,

have been served the alien shall forthwith return or

be returned to the custody from which he was

paroled.’’).

6 Office of Homeland Security Statistics (‘‘OHSS’’)

analysis of advanced travel authorizations data

provided by CBP Passenger Systems Program

Directorate and valid as of January 22, 2025.

Beneficiary travel authorizations excluded expired

applications. The Venezuelan program started on

October 18, 2022, and the Cuba, Haiti, Nicaragua

parole programs started January 6, 2023.

7 See, e.g., 88 FR at 1255 (‘‘The [Nicaraguan]

parole process is intended to enhance border

security by reducing the record levels of Nicaraguan

nationals entering the United States between

POEs.’’).

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consequences to irregular migration,

. . . the new parole process will

mitigate anticipated future surges’’ of

illegal immigration. See, e.g., 88 FR at

1249 (Implementation of a Parole

Process for Haitians). DHS pointed to

past experience with rapidly increasing

‘‘encounters of Guatemalan and

Honduran nationals from January 2021

until August 2021’’ along the southwest

border, explaining that the resumption

of repatriation flights to Guatemala and

Honduras helped reduce the amount of

illegal immigration but was insufficient

to address the sheer numbers.8

Accordingly, the CHNV parole programs

contemplated enhancing border security

by combining ‘‘a consequence for

[nationals seeking] to enter the United

States [in an unlawful manner between

POEs (i.e., removal or return to a third

country, such as Mexico), while

introducing] an incentive to use [a]

lawful process to request authorization

to travel by air to and enter the United

States, without making the dangerous

journey to the border.’’ 9

Upon review, DHS concludes that this

‘‘deterrent’’ and ‘‘incentive’’ approach

did not result in a sufficient and

sustained improvement in border

security, and has exacerbated challenges

associated with interior enforcement of

the immigration laws. Encounters of

CHNV nationals, particularly at POEs,

remained unacceptably high while the

CHNV parole programs were in effect,

and overall migration of CHNV

nationals to the United States increased

between October 12, 2022 and January

22, 2025. In addition, the CHNV parole

programs have at best traded an

unmanageable population of unlawful

migration along the southwest border

for the additional complication of a

substantial population of aliens in the

interior of the United States without a

clear path to a durable status.

As an initial matter, DHS

acknowledges that in establishing the

CHNV parole programs, and in

subsequent DHS evaluations of these

programs, DHS focused, in part, on a

goal of reducing encounters of CHNV

nationals between POEs.10 And it is true

that there was a reduction in encounters

8 See, e.g., 87 FR at 63509.

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9 See, e.g., 87 FR at 63510.

10 See, e.g., 87 FR at 63507 (‘‘The parole process

is intended to enhance border security by reducing

the record levels of Venezuelan nationals entering

the United States between POEs, while also

providing a process for certain such nationals to

lawfully enter the United States in a safe and

orderly manner.’’); see also Circumvention of

Lawful Pathways 88 FR 31314, 31317 (May 16,

2023) (noting that in the first weeks following

implementation of the CHNV parole programs,

encounters of CHNV nationals between POEs

dropped significantly).

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of CHNV nationals between POEs from

FY 2022 through FY 2024—from around

600,000 encounters in FY 2022 to

416,000 in FY 2023 and 183,000 in FY

2024.11 But in implementing the CHNV

parole programs, DHS also focused on

the importance of reducing pressures at

the southwest border generally. It was

for this reason that the CHNV parole

programs required, for instance, that

CHNV nationals ‘‘fly at their own

expense to an interior [POE] rather than

entering at a land POE’’ 12 and rendered

ineligible those CHNV nationals who

irregularly entered the United States,

Mexico, or Panama after the programs’

announcement.13

Consistent with that focus and in light

of the reality that DHS’s border security

mission involves activities at southwest

border POEs as well, DHS has

concluded that the present assessment

of the efficacy of the CHNV parole

programs should include encounters at

such land POEs. If one includes

encounters of CHNV nationals at POEs,

the actual reduction in southwest border

encounters of CHNV nationals is much

more muted: encounters of CHNV

nationals at and between southwest

border POEs dropped from

approximately 626,000 in FY 2022 only

to 584,000 in FY 2023 and to 535,000

in FY 2024.14 This is due to a significant

increase in encounters of such aliens at

southwest border POEs over that time

period: from 26,250 in FY 2022 to

168,010 in FY 2023 and 352,790 in FY

2024.15 The increase can be attributed to

the use of the CBP One mobile

application (‘‘CBP One app’’ or ‘‘CBP

One’’) to schedule appointments at

southwest border POEs,16 which

resulted in very high numbers of CHNV

nationals placed into removal

proceedings pursuant to section 240 of

the INA, 8 U.S.C. 1229a, (‘‘section 240

removal proceedings’’) and released into

11 OHSS analysis of January 2025 OHSS Persist

Dataset.

12 See, e.g., 87 FR at 63507; see also id. at 63512

(explaining that by ‘‘diverting flows of Venezuelan

nationals to interior POEs through a safe and

orderly process,’’ DHS could relieve pressure on

border communities).

13 See, e.g., 87 FR at 63515.

14 OHSS analysis of January 2025 OHSS Persist

Dataset.

15 OHSS analysis of January 2025 OHSS Persist

Dataset.

16 Section 7 of Executive Order 14165 also

directed the Secretary to, consistent with applicable

law, take all appropriate action to cease using the

CBP One app. as a method of paroling or facilitating

the entry of otherwise inadmissible aliens into the

United States. DHS has ceased the use of the CBP

One app for this purpose. See CBP, Press Release,

CBP Removes Scheduling Functionality in CBP

OneTM App (Jan. 21, 2025), https://www.cbp.gov/

newsroom/national-media-release/cbp-removesscheduling-functionality-cbp-one-app (last updated

Jan. 22, 2025).

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U.S. border communities,17

exacerbating the immigration court

backlog and the poor incentives that the

backlog creates.18 Finally, it is

important to emphasize that in addition

to these southwest border encounters,

DHS must also consider the 532,000

parolees who entered the United States

under the CHNV parole programs.

The decision to terminate the

discretionary and temporary parole

programs is further informed by the

actions of the prior administration,

which found the CHNV parole

programs, even when paired with the

Circumvention of Lawful Pathways rule,

to be insufficient to address very high

levels of illegal immigration.19 For

example, DHS and the Department of

Justice (DOJ) promulgated the Securing

the Border framework 20 as an

emergency measure to address ongoing

high levels of unlawful immigration

between southwest border POEs.21 The

Departments explained that ‘‘at the

current levels of encounters and with

current resources, [DHS] cannot

predictably and swiftly deliver

consequences to most noncitizens who

cross the border without a lawful basis

to remain . . . [DHS’s] ability to refer

and process noncitizens through

expedited removal thus continues to be

overwhelmed, creating a vicious

cycle.’’ 22 This conclusion—that DHS’s

ability to swiftly impose consequences

for illegal immigration ‘‘continue[d] to

be overwhelmed’’ 23—followed nearly

two years of the CHNV parole programs,

whose chief justification had been

facilitating operational control of the

17 A total of 582,800 CHNV nationals with CBP

One registration numbers were encountered at

southwest border POEs from Jan. 1, 2023–Jan. 31,

2025, including 576,900 (99 percent) that were

issued NTAs. OHSS analysis of January 2025 OHSS

Persist Dataset.

18 See, e.g., Securing the Border, 89 FR 81156,

81181 (Oct. 7, 2024) (explaining that particularly in

light of the immigration court backlog, ‘‘releasing

individuals who may otherwise be referred for

expedited removal may inadvertently incentivize

increased irregular migration and the exploitation

of the asylum system, especially by human

smugglers who encourage migrants to claim fear

once they are encountered by USBP as it will allow

them to remain in the United States for years

pending resolution of their case and, where

appropriate, removal.’’).

19 88 FR 31314 (May 16, 2023).

20 See 89 FR 48710 (June 7, 2024) (interim final

rule); 89 FR 81156 (Oct. 7, 2024) (final rule).

21 ‘‘On June 3, 2024, the President signed

Proclamation 10773 under sections 212(f) and

215(a) of the INA, finding that because border

security and immigration systems of the United

States were unduly strained, the entry into the

United States of certain categories of [aliens] was

detrimental to the interests of the United States, and

suspending and limiting the entry of such [aliens].’’

See 89 FR at 81157–58.

22 89 FR at 48714.

23 89 FR at 48715.

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southwest border of the United States.

Promulgation of the Securing the Border

interim final rule in June 2024 reflected

the reality that the CHNV parole

programs and Circumvention of Lawful

Pathways rule did not sufficiently

enhance border security.24

Finally, to whatever extent the CHNV

parole programs could be characterized

as reducing encounters of CHNV

nationals at the southwest border from

the very high levels that existed in late

2022, DHS does not believe that the

programs are necessary to achieve such

reductions at this time. In December

2022—the last full month prior to

implementation of all four programs—

the U.S. Border Patrol (USBP)

encountered around 84,000 CHNV

nationals at the southwest border.25

That figure has been below 12,000 every

month since January 2024, and below

6,000 every month since June 2024,

when DHS and DOJ issued the Securing

the Border rule.26 In January 2025, even

with the CHNV parole programs paused,

USBP encountered around 3,400 CHNV

nationals at the southwest border.27

Whatever the need for these programs

may have been in late 2022, the

situation at the southwest border now,

and the set of tools implemented by

DHS to deter illegal immigration, are

quite different.

Moreover, with the implementation of

President Trump’s policies beginning on

January 20, 2025, border encounters

generally have continued to drop

notwithstanding the ongoing pause on

these programs. Southwest border

encounters between POEs fell from an

average of about 1,180 aliens per day in

the two-week period ending on January

20, 2025, to an average of about 640 per

day in the two-week period from

January 21 to February 3, 2025, and fell

further to an average just under 260 per

day in the two-week period from

February 12, 2025 to February 25,

2025.28 Over those same three time

periods, southwest border releases from

USBP custody fell from an average of

about 240 per day to an average of about

24 DHS notes that on October 4, 2024, the prior

administration announced that there would be no

‘‘re-parole’’ beyond the initial two-year period for

the parolees who entered the United States under

the CHNV parole programs. The decision of the

prior administration to decline renewal or

extension of the CHNV related parole coincided in

large part with other actions of DHS to promulgate

policies to reduce illegal immigration.

25 OHSS analysis of January 2025 OHSS Persist

Dataset.

26 OHSS analysis of January 2025 OHSS Persist

Dataset.

27 OHSS analysis of January 2025 OHSS Persist

Dataset.

28 OHSS analysis of data downloaded from UIP

February 25, 2025.

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50 per day and then an average of fewer

than 5 per day.29

The need to break the ‘‘vicious cycle’’

of unlawful immigration supports this

DHS action to terminate the CHNV

parole programs in favor of new

presidential directives that address the

demand for enhanced border security

beyond the 2024 Securing the Border

framework.30 Executive Order 14165,

‘‘Securing Our Borders,’’ 31 and

Executive Order 14159, ‘‘Protecting the

American People Against Invasion,’’ 32

exemplify more reasoned and realistic

initiatives to control unlawful

immigration at the southwest border of

the United States.

2. The Domestic Effects of Illegal

Immigration Continued To Be Felt

Throughout Implementation of the

CHNV Parole Programs

Although one goal of the CHNV

parole programs was to ‘‘help minimize

the burden on communities, state and

local governments, and NGOs who

support the reception and onward travel

of arriving migrants at the SWB,’’ the

programs did not have this effect. As

discussed in the preceding section,

overall levels of CHNV migration at and

between southwest border POEs did not

fall dramatically year-over-year in FY

2023 and FY 2024. In addition, if one

takes into account the 532,000 parolees

who entered the United States at an

interior POE, CHNV migration may have

increased over the relevant time period.

Recent policy interventions have proven

more effective than the CHNV parole

programs in addressing very high levels

of illegal immigration.

29 OHSS analysis of data downloaded from UIP

Feb. 25, 2025. DHS also notes that to whatever

extent the incentives created by the parole programs

for Cubans and Haitians deterred illegal

immigration by sea—a particularly dangerous form

of migration—the parole programs are not necessary

for such deterrence and raise other issues, some of

which are outlined in sections III.2–4 of this notice.

DHS has adopted a more robust enforcement

posture in general, and will monitor trends in

maritime migration and respond as appropriate.

Through early February 2025, DHS has yet to see

a return to the very high levels of maritime

migration observed in 2022.

30 The streamlined procedures offered by the

Securing the Border framework and complementary

actions permitted DHS to more than triple the

percentage of aliens processed for expedited

removal under INA 235(b)(1), 8 U.S.C. 1225(b)(1),

and decrease the number of aliens released by

USBP pending immigration court proceedings by 89

percent, a number that has only improved further

with the end of ‘‘catch and release.’’ Encounters and

releases based on OHSS analysis of January 2025

OHSS Persist Dataset. Processed for ER based on

OHSS analysis of September 2024 OHSS

enforcement Lifecycle and CBP data downloaded

from UIP ER Daily Report Data Dashboard as of

February 4, 2025.

31 90 FR 8611 (Jan. 20, 2025).

32 90 FR 8443 (Jan. 20, 2025).

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Over the past few years, there has

been extensive public discussion of the

effects of high levels of illegal

immigration and inadmissible aliens

arriving in local communities. Although

public accounts of these effects do not

always distinguish between aliens

strictly on the basis of how they entered

the country or their status (e.g., CHNV

parolees; aliens whom DHS encountered

at a southwest border POE placed in

section 240 removal proceedings; and

aliens present without admission or

parole), localities nationwide have

experienced the effects of very high

levels of migration.33 CHNV parolees

and other recent arrivals have competed

for limited resources such as housing,

food, transportation, education, legal

services, and public benefits.34 Some

localities experienced surges of CHNV

parolees in particular.35

The domestic impact of the CHNV

parole program was also felt at the

Federal level in at least three ways.

First, the CHNV parole programs

resulted in expanded eligibility for

Federal public benefits. This is because,

for instance, an alien who is paroled

into the United States under INA

212(d)(5) for a period of at least 1 year

is considered a ‘‘qualified alien.’’ See 8

U.S.C. 1641(b)(4). Because DHS

generally issued two-year periods of

parole from the outset, CHNV parolees

generally were considered qualified

aliens. Although qualified aliens are

generally subject to a five-year waiting

period before becoming eligible for

certain Federal public benefits, see, e.g.,

8 U.S.C. 1613(a) (five-year waiting

period for Federal means-tested public

benefits); 8 U.S.C. 1612(a)(2)(L) (general

five-year waiting period before a

qualified alien can receive supplemental

nutrition assistance program (SNAP)

benefits), such waiting periods do not

apply to all CHNV parolees with respect

to all public benefit programs. For

instance, a parolee under the age of 18

may be eligible for SNAP benefits, see

33 See, e.g., Adam Shaw, Fox News, Biden Admin

Faces Mounting Pressure to Dismantle Migrant

Parole Program Amid ‘Stress’ on Small Towns (Oct.

31, 2024), https://www.foxnews.com/politics/bidenadmin-faces-mounting-pressure-dismantle-migrantparole-program-stress-small-towns; Muzaffar

Chishti & Colleen Putzel-Kavanaugh, After Crisis of

Unprecedented Migrant Arrivals, U.S. Cities Settle

into New Normal, Migration Policy Institute (Aug.

1, 2024), https://www.migrationpolicy.org/article/

us-cities-innovations-integrate-arrivals.

34 See Muzaffar Chishti & Colleen PutzelKavanaugh, After Crisis of Unprecedented Migrant

Arrivals, U.S. Cities Settle into New Normal,

Migration Policy Institute (Aug. 1, 2024), https://

www.migrationpolicy.org/article/us-citiesinnovations-integrate-arrivals.

35 Nick Mordowanec, Map Shows Hotspots for

Migrants Flying Into U.S., Newsweek (May 1, 2024),

https://www.newsweek.com/migrants-dhs-flyingborder-illegal-1896239.

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7 CFR 273.4(a)(6)(ii)(J), as might ‘‘a

Cuban or Haitian entrant (as defined in

section 501(e) of the Refugee Education

Assistance Act of 1980),’’ see 7 CFR

273.4(a)(6)(ii)(E). Similarly, some states

have extended Medicaid and Children’s

Health Insurance Program benefits

without a five-year waiting period to

‘‘lawfully residing’’ children and

pregnant women, which includes an

alien who is paroled into the United

States under INA 212(d)(5) for a period

of at least 1 year.36

Second, the CHNV parole programs

have exacerbated backlogs, or risked

exacerbating backlogs, for the

immigration system writ large. For

example, the population of aliens

paroled into the United States and who

have filed an application for asylum

contributes to an already taxed

immigration system with historically

high backlogs before USCIS and the

Executive Office for Immigration

Review (‘‘EOIR’’).37 Many such parolees

may not otherwise have come to the

United States and have exacerbated

such backlogs or are likely to eventually

do so. U.S. Citizenship and Immigration

Services (‘‘USCIS’’) recently reported

that as of the end of December 2024, the

USCIS asylum backlog had increased to

over 1.4 million cases.38 CHNV parolees

account for approximately 75,000

affirmative asylum applications.39 In

addition, when a CHNV parolee’s twoyear parole period ends, if the CHNV

parolee has no lawful basis to remain in

the United States, DHS may place the

alien in section 240 removal

proceedings. But, due in part to the

overwhelmed expedited removal

system, EOIR’s immigration court

backlog has already been growing

rapidly, and will be further strained by

the initiation of additional removal

proceedings for the CHNV parolee

population once their parole period

ends. The immigration court backlog

increased by approximately 44 percent

between the end of FY 2023 (2.5 million

cases) and FY 2024 (3.6 million cases).40

Third, the CHNV parole programs had

a disruptive impact for CBP operations

at interior air POEs. A progressive

increase in beneficiaries of the CHNV

parole programs arriving at POEs with

advance travel authorizations ‘‘(ATAs’’)

were ultimately not granted parole due

to CBP’s determination that the alien

did not warrant a discretionary grant of

parole, for instance due to evidence of

fraud or confirmation that the alien was

a citizen or resident of a non-CHNV

country. As a result, CBP processed

these aliens for another appropriate

disposition under Title 8, including

detention or referral into expedited

removal proceedings or section 240

removal proceedings, as appropriate.

This caused further processing delays

and coordination with air carriers for

return flights when appropriate, and

further contributed to the immigration

court backlog.

The overwhelmed immigration

systems in particular may incentivize

aliens to enter the United States,

without regard to the strength of any

potential claims for immigration status,

as aliens who are subject to expedited

removal may nevertheless be placed in

section 240 removal proceedings when

the system is strained beyond its

processing capacity. As a result, many

remain in the United States until their

immigration benefit requests are

adjudicated or their section 240 removal

proceedings conclude and any resultant

removal order is executed. Any further

strain to the immigration systems

resulting from aliens pursuing the

CHNV parole programs exacerbates

these detrimental incentives.

In short, the domestic impact of the

CHNV parole programs do not warrant

continuing to operate these programs.

Implementation of these programs

coincided with an overall increase in

CHNV migration, significant pressures

on localities throughout the country, an

expansion of public benefits eligibility,

and a further exacerbation of USCIS and

immigration court backlogs.

36 See 42 U.S.C. 1396b(v)(4) (Medicaid); 42 U.S.C.

1397gg(e)(1)(O) (CHIP).

37 See Holly Straut-Eppsteiner, Cong. Rsch. Serv.

IN12492, FY2024 EOIR Immigration Court Data:

Caseloads and the Pending Cases Backlog (2025);

see also Elizabeth Jacobs, Affirmative Asylum

Backlog Exceeds One Million for the First Time

(Center for Immigration Studies) (July 26, 2024),

https://cis.org/Jacobs/Affirmative-Asylum-BacklogExceeds-One-Million-First-Time.

38 USCIS, Performance Data, Asylum Division

Monthly Statistics Report (Dec. 2024), https://

www.uscis.gov/sites/default/files/document/data/

asylumfiscalyear2025todatestats_241231.xlsx (last

visited Feb. 25, 2025).

39 USCIS Office of Performance & Quality.

40 EOIR, Executive Office for Immigration Review

Adjudication Statistics (Jan. 16, 2025), https://

www.justice.gov/eoir/media/1344791/dl?inline.

3. The CHNV Parole Programs Are

Inconsistent With the Administration’s

Foreign Policy Goals

One of the stated goals of the CHNV

parole programs was to promote the

foreign policy objectives of the prior

administration. Indeed, DHS explained

repeatedly in its notices promulgating

the CHNV parole programs that their

implementation would advance the

foreign policy objectives of the thencurrent administration.41 The foreign

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41 See e.g., 87 FR at 63516 (‘‘the implementation

of [the Venezuela process] will advance the

Administration’s foreign policy goals’’); 88 FR at

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policy objectives underlying the CHNV

parole programs, however, are not

consistent with those of the current

Administration.

Executive Order 14150, ‘‘America

First Policy Directive to the Secretary of

State’’ (Jan. 20, 2025) clearly sets out the

President’s vision that ‘‘the foreign

policy of the United States shall

champion core American interests and

always put America and American

citizens first.’’ 42 Executive Order 14159,

‘‘Protecting the American People

Against Invasion’’ (Jan. 20, 2025) states

that it is the policy of the United States

to ‘‘faithfully execute the immigration

laws against all inadmissible and

removable aliens, particularly those

aliens who threaten the safety or

security of the American people.’’

Further, it is the policy of the United

States to achieve the ‘‘total and efficient

enforcement of those laws, including

through lawful incentives and detention

capabilities.’’ 43

Whereas implementation of the CHNV

parole programs was contingent upon

the Government of Mexico (‘‘GOM’’)

making an independent decision to

accept the return or removal of CHNV

nationals who migrated illegally, the

U.S. Government is pursuing a range of

other policy initiatives that would allow

DHS to return, remove, or deter the

illegal migration of CHNV nationals and

other aliens. Section 13 of that

Executive Order 14159 specifically

addresses repatriation, and directs the

Secretaries of State and Homeland

Security to take all appropriate action to

cooperate and effectively implement, as

appropriate, the sanctions provided by

section 243(d) of the INA (8 U.S.C.

1253(d)), and ensure that diplomatic

efforts and negotiations with foreign

states include the foreign states’

acceptance of their nationals who are

subject to removal from the United

States. Section 13 further directs the

Secretaries to eliminate all documentary

barriers, dilatory tactics, or other

restrictions that prevent the prompt

repatriation of aliens to any foreign

state. The Order provides that any

failure or delay by a foreign state to

verify the identity of a national of that

state shall be considered in carrying out

section 243(d) sanctions and shall also

be considered regarding the issuance of

1253 (‘‘[the Haiti process] is fully aligned with

larger and important foreign policy objectives of

this Administration’’).

42 See Executive Order 14150, America First

Policy Directive to the Secretary of State, 90 FR

8337 (Jan. 20, 2025) (published Jan. 29, 2025).

43 See Executive Order 14159, Protecting the

American People Against Invasion, 90 FR 8443 (Jan.

20, 2025) (published Jan. 29, 2025).

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any other sanctions that may be

available to the United States.

Further, as noted above, Executive

Order 14165, ‘‘Securing Our Borders’’

states that DHS shall ‘‘terminate all

categorical parole programs that are

contrary to the policies of the United

States established in [the President’s]

Executive Orders, including the

program known as the ‘Processes for

Cubans, Haitians, Nicaraguans, and

Venezuelans.’ ’’ 44 In the same Order, the

President directed that as soon as

practicable, the Secretary of Homeland

Security, in coordination with the

Secretary of State and the Attorney

General, shall take all appropriate action

to resume the Migrant Protection

Protocols in all sectors along the

southern border of the United States and

ensure that, pending section 240

removal proceedings, aliens described

in section 235(b)(2)(C) of the INA (8

U.S.C. 1225(b)(2)(C)) are returned to the

territory from which they came.

The President has pursued the

cooperation of foreign partners in other

ways as well. For instance:

• On January 23, 2025, President

Trump in his call with Salvadoran

President Nayib Bukele discussed

working together to stop illegal

immigration and crack down on

transnational gangs like Tren de

Aragua.45

• On January 26, 2025, the

Government of Colombia agreed to the

unrestricted acceptance of all illegal

aliens from Colombia returned from the

United States, including on U.S.

military aircraft, without limitation or

delay.46

• On January 27, 2025, President

Trump had a productive conversation

with Indian Prime Minister Narendra

Modi, who agreed to ‘‘do what’s right’’

in regard to illegal migration.47

• Beginning on February 1, 2025,

President Trump has issued a number of

tariff-related executive orders in

connection with the situation at the

southern border.48

44 See Executive Order 14165, Securing Our

Borders, 90 FR 8467 (Jan. 20, 2025) (published Jan.

30, 2025).

45 The White House, ‘‘Readout of President

Donald J. Trump’s Call with President Nayib

Bukele’’ (Jan. 23, 2025), https://

www.whitehouse.gov/briefings-statements/2025/01/

readout-of-president-donald-j-trumps-call-withpresident-bukele/.

46 The White House, ‘‘Statement From the Press

Secretary’’ (Jan. 26, 2025), https://

www.whitehouse.gov/briefings-statements/2025/01/

statement-from-the-press-secretary/.

47 Meryl Sebastian, Trump Says India ’Will Do

What’s Right’ on Illegal Immigration BBC News

(Jan. 27, 2025), https://www.bbc.com/news/articles/

cj91z842wlmo.

48 See, e.g., Executive Order 14194, Imposing

Duties to Address the Situation at Our Southern

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• On February 16, 2025, Panama

received a first U.S. military plane

transporting 119 deportees of various

nationalities, who will then be

repatriated to their own respective

countries. Panamanian President Jose

Raul Mulino has offered his country as

a stopover for aliens expelled from the

United States.49

Multiple agencies of the U.S.

Government are actively pursuing the

President’s foreign policy goals. For

instance, the Department of State has

announced multiple discussions with

neighboring countries regarding DHS’s

ability to remove or return illegal

aliens,50 consistent with Secretary of

State Rubio’s January 22, 2025

announcement that a key priority of the

Department of State is to curb mass

migration and secure our borders.51 In

that announcement, the Department of

State made clear that it ‘‘will no longer

undertake any activities that facilitate or

encourage mass migration’’ and that

‘‘[o]ur diplomatic relations with other

countries, particularly in the Western

Hemisphere, will prioritize securing

America’s borders, stopping illegal and

destabilizing migration, and negotiating

the repatriation of illegal

immigrants.’’ 52 Additionally, pursuant

to his authority under section 219 of the

INA, 8 U.S.C. 1189,53 Secretary of State

Border, 90 FR 9117 (Feb. 1, 2025) (published Feb.

7, 2025); Executive Order 14198, Progress on the

Situation at Our Southern Border, 90 FR 9185 (Feb.

3, 2025) (published Feb. 10, 2025); Executive Order

14227, Amendment to Duties to Address the

Situation at Our Southern Border, 90 FR 11371

(Mar. 2, 2025) (published Ma

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Response to application from respondent Svitlana Doe, et al. — Kristi Noem, Secretary, Department of Homeland Security, Applicants v. Svitlana Doe, et al. | Frix