A federal judge in the United States has ruled that the Department of Homeland Security (DHS) acted beyond its legal authority by cancelling the residency status of hundreds of thousands of migrants who arrived via a Biden-era entry scheme.
The decision, delivered on Tuesday by Judge Allison Skye Borroughs of the US District of Massachusetts, found that the termination of “parole” status for these individuals breached statutory limits and the agency’s own regulatory procedures.
The ruling effectively reinstates legal standing for people across the country who had been notified by the DHS that their permission to stay was revoked.
Around 900,000 migrants used the CBP One mobile application to enter the US at the southern border under a programme established in 2023 by former President Joe Biden. These individuals were generally permitted to remain in the country for two years and were granted work authorisation under parole provisions, reports BBC.
However, the administration of President Donald Trump discontinued the programme last year and repurposed the application to facilitate “self-deportations”. In April, many who had entered through the app received electronic notifications stating it was “time for you to leave the United States,” alongside warnings that their work permits were no longer valid.
The legal challenge was initiated by the Venezuelan Association of Massachusetts and three affected individuals, who argued that the policy shift violated the Administrative Procedure Act. Their legal representatives stated that the sudden change caused families to be reclassified as “illegal aliens” instantaneously.
Skye Perryman of Democracy Forward, representing the plaintiffs, characterised the court’s decision as a rejection of an effort to “erase lawful status… with the click of a button”. Carlina Velásquez, President of the Venezuelan Association of Massachusetts, noted that the ruling offers significant relief to families who have endured months of “fear and uncertainty”.
The DHS previously defended its actions to the BBC, claiming the Biden administration had “abused the parole authority” and contributed to a border crisis. While the ruling restores temporary status, it does not ensure permanent residency. The original parole was limited to two years, meaning many individuals may still face status expiration in the near future.
The Trump administration is expected to appeal the decision, continuing its pattern of defending immigration crackdowns in court. The DHS has not yet issued a formal comment regarding the ruling.
