Today, in Noem v. Doe, the Supreme Court granted the Trump Administration's application for a stay of a district court order that barred the Department of Homeland Security from revoking "parole" status for an estimated 500,000 noncitizens from Cuba, Haiti, Nicaragua, and Venezuela under the so-called "CHNV" program. Justice Jackson dissented, joined by Justice Sotomayor.
The Court's order in Noem v. Doe should not be surprising. As even Justice Jackson acknowledged in her dissent, the decision to offer noncitizens parole "is discretionary by statute."
The language of 8 U.S.C. §1182(d)(2)(A) is quite clear:
