The Trump administration has petitioned the Supreme Court to overturn a program initiated by the Biden administration that grants temporary legal status to over 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela. Homeland Security Secretary Kristi Noem is leading the effort to cancel this program that allows these individuals to reside and work in the U.S. for up to two years.
U.S. District Judge Indira Talwani previously ruled that the administration cannot revoke individuals’ legal status without making personalized assessments for each case. Solicitor General D. John Sauer contended in a court filing that Talwani’s decision undermines a significant immigration policy of the Trump administration. He argued that federal judges, including Talwani, do not have the authority to interfere with immigration determinations made by the administration, referencing the Immigration and Nationality Act, which he claimed restricts judicial review in these matters.
Sauer emphasized that the law grants the Secretary of Homeland Security considerable discretion in immigration policies, reinforcing the Trump administration’s case for the Supreme Court’s review. This current appeal is part of a broader trend of legal actions initiated by the Trump administration regarding immigration policies that have faced obstacles in lower courts. Additionally, there is another pending case concerning the potential revocation of temporary protected status for a different cohort of Venezuelan immigrants, also awaiting a ruling from the Supreme Court.
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