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Legal Analysis: SCOTUS Grants Trump Authority to End Humanitarian Parole, Imperiling 500,000 Migrants — What This Means for Immigrants and How Attorneys Can Help
On May 30, 2025, the Supreme Court of the United States issued a pivotal and unsigned emergency order permitting the Trump administration, at least temporarily, to dismantle a hallmark immigration initiative of the Biden era: humanitarian parole. This measure had allowed over 500,000 migrants—primarily from Cuba, Nicaragua, Venezuela, and Haiti—to legally reside and work in the U.S. amid catastrophic conditions in their countries of origin. The decision has generated widespread concern and legal uncertainty for hundreds of thousands of families now at risk of deportation.
Read the full article here: Supreme Court Allows Trump Administration, for Now, to End Biden-Era Migrant Program
Background on Humanitarian Parole and TPS
Humanitarian parole is a discretionary tool long utilized in U.S. immigration law. Historically, it enabled the entry of 200,000 Cubans during the 1960s and over 350,000 Southeast Asians post-Vietnam War. Unlike Temporary Protected Status (TPS), which provides blanket relief to nationals of specific countries, parole is generally granted on a case-by-case basis and often tied to sponsorship by a U.S. resident.
Under the Biden administration, humanitarian parole was expanded beginning in April 2022 to include Ukrainians escaping war and later applied to Venezuelans, Cubans, Haitians, and Nicaraguans. The program aimed to provide a legal pathway to entry, reducing unlawful crossings and easing pressures at the U.S.-Mexico border. Indeed, following the implementation, border apprehensions from these countries sharply declined.
But on day one of his return to office, President Trump ordered an end to these programs, citing national security and resource burden concerns—a position that found favor among Republican-led states like Texas. These states had long contended that humanitarian parole imposed financial strains on health care, education, and law enforcement systems.
Although courts had initially upheld the legality of the programs during the Biden presidency, the Trump administration moved swiftly to reverse them. Notably, it has not yet targeted the approximately 240,000 Ukrainians admitted under the same parole authority.
Legal Challenge and Supreme Court Intervention
Immigrant advocates quickly mounted a legal challenge, asserting that Homeland Security Secretary Kristi Noem’s blanket termination was “arbitrary and capricious,” violating the statutory requirement for individualized parole determinations. In March 2025, a Massachusetts federal judge sided with the plaintiffs, pausing the mass revocation and affirming that DHS lacked authority to rescind parole for over half a million people without case-by-case review.
That decision was upheld by the First Circuit Court of Appeals, which held that Secretary Noem had not demonstrated that her policy would likely withstand judicial scrutiny.
In response, Solicitor General D. John Sauer filed an emergency application to the Supreme Court, arguing that Noem had broad discretion and that the lower court’s injunction “needlessly upended” policy goals prioritized in the 2024 election. The Supreme Court’s unsigned order agreed—allowing the revocation to proceed without delving into the merits.
Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, stressing the human cost: “the devastating consequences of allowing the government to precipitously upend the lives and livelihoods of nearly half a million noncitizens while their legal claims are pending.”
What’s at Stake for Immigrants Now?
The immediate effect of the ruling is legal limbo and escalating risk for hundreds of thousands of immigrants who entered the U.S. legally under Biden’s humanitarian parole programs. These individuals face potential deportation even while their legal cases continue in lower courts.
The core legal battle remains unresolved: Can DHS lawfully revoke parole status en masse without individualized review? The outcome will likely hinge on statutory interpretation of the Immigration and Nationality Act and the scope of executive authority.
Meanwhile, immigrants currently protected under parole or TPS—especially those from Cuba, Venezuela, Haiti, and Nicaragua—must urgently review their status, understand their rights, and assess alternative legal options.
How Spar & Bernstein Can Help
The immigration attorneys at Spar & Bernstein are actively monitoring these developments and are uniquely positioned to help affected individuals navigate the shifting legal landscape. If you or a loved one is currently under humanitarian parole or TPS, there are several strategic actions we can help you consider:
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Adjustment of Status Applications: For those with family or employer sponsorship, adjustment to a green card may be possible.
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Asylum Claims: If conditions in your home country remain dire, we can help prepare and file asylum or withholding of removal applications.
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Legal Challenges to Revocation: We can assist in filing motions to reopen or stay removal in immigration court.
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Parole Renewal or Humanitarian Reconsideration: Case-specific filings may preserve or reinstate parole status, depending on individual circumstances.
We understand the fear and uncertainty many families are experiencing. Our team is dedicated to finding proactive, lawful pathways to protect your future in the United States.
While the Supreme Court’s latest order allows the Trump administration to revoke humanitarian parole protections for now, the legal process is far from over. The outcome will not only define the futures of hundreds of thousands of immigrants but also shape executive immigration authority for years to come.
At Spar & Bernstein, we believe in building bridges, not walls—and that means using every available legal mechanism to keep families together and ensure dignity for those seeking refuge.
Contact our experienced immigration attorneys today for a personalized consultation and strategic legal plan tailored to your status.
📞 Call us at 1-800-529-5465 or visit www.lawsb.com