Humanitarian parole: The details of a judicial ruling that changes everything

Under the administration of Joe Biden, the CHNV humanitarian parole programs (for nationals from Cuba, Haiti, Nicaragua, and Venezuela) were established, allowing for the temporary entry of up to 532,000 people into the U.S. for humanitarian or public benefit reasons.

In January 2025, when Donald Trump assumed the presidency, he issued executive orders to terminate all categorical parole programs. DHS announced in March 2025 the immediate cancellation of CHNV and the early revocation of all active permits, with just 30 days' notice.

However, the beneficiaries (parolees) filed a demand and the district court of Massachusetts granted a preliminary injunction, blocking the early cancellation and allowing the permits to remain in effect until they naturally expired. The government then appealed.

The resolution of the Supreme Court

A federal appeals court authorized this Friday the Trump administration to proceed with the revocation of legal status for more than half a million Cuban, Haitian, Venezuelan, and Nicaraguan migrants who arrived in the United States under the humanitarian parole program (CHNV).

The decision of the Supreme Court overturns the previous suspension issued by a federal judge in Boston, which had temporarily blocked deportation attempts. According to the U.S. Supreme Court, the law requires a case-by-case analysis to grant the benefit, but does not impose the same limitation for its revocation.

The plaintiffs —a group of migrants and support organizations— argued that the measure was illegal and violated due process by canceling previously granted permits en masse.

However, the First Circuit Court of Appeals supported the position of the Trump administration, concluding that Secretary of Homeland Security, Kristi Noem, has the authority to terminate the program under the Immigration and Nationality Act (INA).

The ruling included reasons of security, pressure on resources, lack of public benefit, and a consideration (albeit unfavorable) of the interests of the beneficiaries.

Although the Court acknowledges the severe damages for migrants (loss of status, risk of deportation, family separation, loss of employment), these harms are not sufficient if there is no strong likelihood of legal success in the case.

Key points

The ruling does not settle all claims (for instance, those pertaining to constitutional due process remain open in lower courts).

In practice, this means that half a million migrants from Cuba, Haiti, Nicaragua, and Venezuela who entered with parole could see their status revoked before the natural expiration of their two years.

The court made it clear that the executive branch does have the authority to terminate these parole programs in bulk. It also confirms that the Executive (DHS and the President) has the power to terminate humanitarian parole programs in bulk, without the need to review each case individually.

This sets a precedent that restricts the ability of lower courts to block similar measures under the argument of "arbitrary or capricious."

Vulnerability of CHNV beneficiaries

The 532,000 Cubans, Haitians, Nicaraguans, and Venezuelans who received parole under Biden may have their status revoked ahead of schedule, even if their two years had not yet expired. They would automatically lose their work authorization and temporary legal status, leaving them exposed to:

• Deportation procedures (expedited removal or regular processes).
• Immigration detention.
• Future inadmissibility for other immigration benefits.

The court held that the DHS provided sufficient reasons (security, resources, lack of public benefit). This makes it difficult for future similar lawsuits to succeed by claiming that the measure is "arbitrary and capricious."

Leave open only the path for constitutional claims (due process), which are ongoing but with a lower likelihood of success.

Immediate practical consequences

The ruling supports Trump's view that categorical parole programs do not meet the legal requirement of "case by case".

Limits future administrations from using mass humanitarian parole as a tool for immigration policy, unless explicitly authorized by Congress.

Migrants in the U.S. with CHNV will need to seek another migration path (asylum, TPS, residency, etc.) or face losing their status.

The ruling turns the CHNV humanitarian parole into a fragile and revocable status at any moment by political decision, putting hundreds of thousands at risk of deportation, and consolidating presidential authority over immigration programs without Congressional intervention.

Frequently Asked Questions About the Revocation of Humanitarian Parole CHNV