Following Tuesday’s hearing before the U.S. Court of Appeals for the First Circuit, a second hearing is scheduled for Wednesday—this time before U.S. District Judge Indira Talwani.
Wednesday’s hearing will focus on a previous ruling issued by Judge Talwani. Attorneys representing human rights organizations and the beneficiaries of the Biden administration’s parole program will argue that the federal government has so far refused to comply with the judge’s favorable ruling.
For its part, the Trump administration will rely on the U.S. Supreme Court’s decision in May, which allows the federal government to continue its policy of rescinding legal protections for those enrolled in the CHNV parole program—designed for migrants from Cuba, Haiti, Nicaragua, and Venezuela.
Both sides had the opportunity Tuesday to present their arguments before a three-judge panel at the First Circuit Court of Appeals in Massachusetts. Advocates for the program beneficiaries urged the appellate court to uphold Judge Talwani’s decision, which protects migrants already in the United States under the CHNV program. Meanwhile, the government’s legal team emphasized the Supreme Court’s recent ruling in support of executive authority over immigration parole.
Tuesday’s hearing focused on the legality of the Secretary of Homeland Security’s decision to terminate the legal status of CHNV beneficiaries.
The representant of the fed argued that the administration has the authority to revoke that status and that requests to remain in the U.S. should be assessed on a case-by-case basis. That claim, however, was challenged by immigrant rights advocates, who pointed out that it contradicts arguments previously made by the government before the Supreme Court.
The session was notably tense and closely watched. The appellate judges appeared engaged and responsive to both sides’ arguments but did not indicate when a ruling might be issued.
Of the three judges who heard the case Tuesday, two were appointed by Democratic presidents. The third judge, originally appointed to the district court by a Republican president, was elevated to the appeals court by then-President Joe Biden.
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