Talwani in April found that the law governing such parole did not allow for the program's blanket termination, instead requiring a case-by-case review. The Boston-based 1st U.S. Circuit Court of Appeals declined to put the judge's decision on hold.
In its filing, the Justice Department told the Supreme Court that Talwani's order had upended "critical immigration policies that are carefully calibrated to deter illegal entry," effectively "undoing democratically approved policies that featured heavily in the November election" that returned Trump to the presidency.
The plaintiffs told the Supreme Court they would face grave harm if their parole is cut short given that the administration has indefinitely suspended processing their pending applications for asylum and other immigration relief.