WASHINGTON—The Immigration Reform Law Institute (IRLI) has filed a brief in the First Circuit Court of Appeals 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 the U.S. District Court for the District of Massachusetts issued an injunction against the terminations.
In its brief urging the First Circuit to reverse this injunction, IRLI shows that President Trump has authority directly from the Constitution to terminate these grants of parole. The Supreme 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.
“No President has the power to let in aliens Congress has excluded,” said Dale L. Wilcox, executive director and general counsel of IRLI. “At the same time, nothing could be clearer than the President’s inherent power to prevent the entry of paroled aliens by terminating their parole. The parole statute does not bar him from doing so, and the Constitution itself gives him full authority to exclude aliens. We hope the Court sees the lawlessness of the lower court’s injunction, vacates it, and lets Trump get on with rolling back Biden’s invasion app.”
The case is Doe v. Noem, No. 25-1384 (First Circuit).
