The Trump administration takes its fight against immigrants to the Supreme. The Republican Government has presented an emergency petition on Thursday in the highest court so that it allows it to strip the deportation protections to 530,000 citizens of Cuba, Haiti, Venezuela and Nicaragua found in the United States. Trump issued a decree at the end of March that ended this program, popularly known as parole humanitarian. Federal Judge Indira Talwani stopped the decision of the Executive, which entered into force in the last days of April.
The emergency request has been presented by the administration attorney, John Sauer. He requested the “immediate intervention” of the constitutional judges because the ruling of Talwani district magistrate “has annulled one of the most important immigration policies” for the Trump government. The Republican president reversed a program initiated by his predecessor, Joe Biden. This allowed the legal stay to a limited number of the citizens of the countries mentioned since the beginning of 2023.
Talwani, who arrived on the bench based in Boston nominated by Barack Obama, said in his April ruling that the massive suspension of legal protections granted by Biden could not be annulled in block. Instead, the Executive had to value one by one among the hundreds of thousands of beneficiaries whether or not the cancellation of the parole. “The anticipated termination, without any justification for the case, of the legal situation undermines the rule of law,” said the Togada.
Sauer has argued Thursday that the judge had an erroneous interpretation of the law. The judge, as other federal magistrates have done in recent cases on migration, have signed up for the responsibility of the Department of Internal Security and his person in charge, Kristi Noem, to carry out the policy guidelines issued by the White House.
The administration lawyer, however, argues that Talwani mistakenly involved internal security in this case. And that the elimination of protections from parole They obey only one of the main objectives of the federal government, the rapid reduction of the presence of undocumented in the United States.
Sauer believes that the judge hinders a review of the federal law that Congress prohibits immigration. “This unnecessarily interrupts policies that are very careful to stop illegal entry into the country, thus vitiating exclusive powers of the Executive Power,” said Trump’s lawyer.
The Administration has been starring in a pulse with federal judges who have stopped some of the measures taken by the White House. Trump and his advisors, especially Stephen Miller, have loaded against the togados ensuring that they lack legitimacy to impose their vision on that of the president, who won their position at the polls, unlike the magistrates.
The Government has put its hope in the Supreme Court that the conservative majority of the Constitutional Court can leave the decision of a lower Court. It is the same strategy as Washington in a similar case, in which the White House intends to quickly deport 350,000 Venezuelans invoking a rule of war times promulgated in the 18th century. This decision was also taken to court by human rights defense organizations, a procedure that can take years.
The strategy has given Washington results in other litigation. This week, constitutional judges allowed the federal government to move forward with a decision that prohibits transgender people from serving in the army. This law, however, had been stopped by the lower courts.
Human rights defenders have warned that ending the parole It would have serious implications for hundreds of thousands of people. Biden had started the program in October 2022 to offer a legal route to the thousands of Venezuelans arriving in the United States during the immigration crisis of the beginning of their government.
The program did not guarantee permanent residence or made the tortuous path to citizens easier. In spite of this more than 117,000 Venezuelans attracted. In January 2023, the measure was extended to benefit other groups that were arriving in record figures. Today there are 210,000 Haitians, 110,000 Cubans and 93,000 Nicaraguans under the protection with which Trump wants to finish.
Judge Talwani warned in her ruling that all these people faced thanks to Trump only two options: fleeing the country or keeping the risk of losing everything.
