WASHINGTON—Yesterday, the Immigration Reform Law Institute (IRLI) filed a brief in the Supreme Court supporting the President’s authority to roll back Biden mass parole programs that let millions of aliens who are not immigrants come to the United States.
In one parole program alone, the Biden Administration let 532,000 aliens from four countries—Cuba, Haiti, Nicaragua, and Venezuela—sign up on an app and come to ports of entry, where they were given automatic parole and sent into the interior of the country. The Trump Administration has terminated these grants of parole, but a federal district court issued an injunction against the terminations.
In its brief urging the Supreme Court to grant an emergency stay or suspension of this injunction, IRLI shows that President Trump has authority directly from the Constitution to terminate these grants of parole. The Court has long recognized that those given parole—which by statute must only be given case-by-case for urgent humanitarian reasons or significant public benefit, requirements Biden ignored—have not even entered the country in a legal sense. As far as the law is concerned, they are still at the border, wherever they are physically located. And the Court has also long recognized that the President has inherent constitutional authority to block aliens from entering the country.
“Nothing could be clearer than the President’s power to prevent the entry of these aliens by terminating their parole,” said Dale L. Wilcox, executive director and general counsel of IRLI. “The parole statute does not bar him from doing so, and the Constitution gives him full authority to exclude aliens. We hope the Court sees the lawlessness of the lower court’s injunction, grants the stay, and lets Trump get on with reversing the results of Biden’s invasion app.”
The case is Noem v. Doe, No. 24A1079 (Supreme Court).
