Federal Judge Reinstates Immigration Status for Hundreds of Thousands

A federal judge has ruled that the Department of Homeland Security (DHS) acted illegally when it terminated the immigration status of approximately 900,000 migrants who entered the United States through the CBP One app. The ruling, issued on Tuesday, reinstates the immigration status of those affected.

Background: The CBP One App and Parole Program

The CBP One app, launched in 2023, allows migrants to schedule interviews to present themselves at U.S.-Mexico border ports of entry. After vetting, individuals were granted parole, allowing them to remain in the country while their asylum claims were processed in court. This program operated under a Biden-era parole policy.

The Court's Decision

U.S. District Court Judge Allison Burroughs, of Boston, determined that the DHS violated the law when it ended the parole status of these migrants. The judge stated that the DHS did not follow the legally required procedures when terminating the parole of those impacted. Specifically, the ruling noted that the DHS actions were “not in accordance with law.”

Judge's Specific Findings

According to the ruling, the DHS failed to adhere to the process mandated by statute and its own regulations when terminating the parole status. This procedural failure formed the basis of the judge’s decision.

DHS Response and Criticism

The Department of Homeland Security responded to the ruling by calling it “blatant judicial activism” that undermines presidential authority. A DHS statement asserted that the department had the legal authority to revoke parole and that canceling these paroles was a fulfillment of a promise to secure the border and protect national security.

Impact and Timeline of the Ruling

The ruling applies to all migrants who entered the U.S. using the CBP One app between May 16, 2023, and January 19, 2025. This decision potentially protects nearly 900,000 immigrants from deportation while their asylum cases are pending.

Reaction from Advocacy Groups

Skye Perryman, president of Democracy Forward, which represented the plaintiffs in the case, hailed the ruling as “a clear rejection of an administration that has tried to erase lawful status for hundreds of thousands of people with the click of a button.” Perryman emphasized that the plaintiffs followed legal procedures to gain entry and parole. She further described the administration’s attempt to revoke this status as “unlawful and cruel.”