SCOTUS Allows Trump Administration to Revoke Parole Status of Noncitizens Present under CHNV Program
Today, in Noem v. Doe, the Supreme Court granted the Trump Administration’s application for a stay of a district court order that barred the Department of Homeland Security from revoking “parole” status for an estimated 500,000 noncitizens from Cuba, Haiti, Nicaragua, and Venezuela under the so-called “CHNV” program. Justice Jackson dissented, joined by Justice Sotomayor.
The Court’s order in Noem v. Doe should not be surprising. As even Justice Jackson acknowledged in her dissent, the decision to offer noncitizens parole “is discretionary by statute.”
The language of 8 U.S.C. §1182(d)(2)(A) is quite clear:
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-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be
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