May 29, 2025

On Wednesday, a federal judge in Boston issued a broad ruling allowing those granted parole to seek more permanent forms of relief. During the Biden Administration, thousands of families and individuals were paroled into the country while they sought more permanent forms of protection in the United States. Parole programs included Uniting for Ukraine, Operation Allies Welcome (for Afghani nationals who supported US military efforts in their country), Central American Minors Parole, Family Unification Parole, and CHNV humanitarian parole for nationals of Cuba, Haiti, Nicaragua, and Venezuela. In February, the Trump Administration quietly ended processing of applications for relief, such as asylum applications, for anyone who was granted parole under these programs. Yesterday’s ruling both ordered the administration to resume processing these applications, but also certified a nationwide class, extending protections to anyone who is impacted by the administration’s move while also neatly sidestepping the current debate in the Supreme Court about nationwide injunctions. The suit, Svitlana Doe v Noem, was filed by the Justice Action Center and Human Rights First.

DHS has found a new tactic to bypass due process rights of immigrants already in immigration court. With the expansion of expedited removal, DHS can remove anyone from the country who has been here less than two years without allowing them to first see an immigration judge. For individuals already in immigration court, ICE trial attorneys have recently been requesting that the proceedings be terminated. Once the immigration proceedings are closed, and a judge is no longer involved, ICE is arresting these individuals at the immigration court using expedited removal to deport them. Advocates from around the country began reporting on this tactic late last week and it has since expanded to include the immigration courts in Boston and Chelmsford. The National Immigration Project just released a practice advisory for attorneys whose clients could be facing this new threat.

As debate continues on Capitol Hill around the federal budget, we have seen some push back from Senate republicans against the package passed by the House earlier this month. GOP Moderates are concerned about the steep cuts to programs such as SNAP and Medicaid, while conservative members of the caucus are concerned about increases to the federal debt. While it is looking more and more unlikely that the Senate will pass the same exact package as the House, it is unlikely that the most draconian parts of the bill, especially those around immigration, will see any significant changes. Whatever package is approved by the Senate will need to go back to the House for approval before going to the president’s desk. Senate leadership is still hoping to wrap up their part of the work before leaving for the July 4th recess.

Policy Updates – 5/29/25