Invasion by Appointment Goes to
DC Circuit
FAIR shows President may send mass parolees home
WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a brief in the DC Circuit Court of Appeals supporting the President’s authority to roll back Biden mass parole programs, which have let millions of aliens who are not immigrants pour into 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 acted to terminate these grants of parole, but anti-borders groups won an order blocking that termination from the DC federal district court.
In its brief on appeal of that order, FAIR shows that President Trump has authority directly from the Constitution to send these parolees home. 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.
“Because no President has the power to let in a vast influx of aliens Congress has excluded, Biden’s en masse parole programs were unlawful to begin with,” said Dale L. Wilcox, executive director and general counsel of FAIR. “At the same time, the Supreme Court could not have been clearer that the President has inherent power to block the entry of aliens, including these parolees. We hope the court sees how much the legal and constitutional landscape favors the President’s authority here, and reverses the lower court’s order.”
The case is Coalition for Humane Immigrant Rights v. Noem, No. 25-5289 (DC Circuit).
