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The Trump administration has reached a legal settlement with Florida that ends one of President Biden’s mass migrant parole programs and could prevent future administrations from reviving similar policies for the next 15 years. The consent decree, signed by Judge T. Kent Wetherell in the Northern District of Florida on February 4, declares the Biden-era parole program unlawful and prohibits the federal government from attempting comparable programs during the agreement’s duration.
Under the settlement, parole remains available only for traditional limited circumstances, such as medical emergencies or when a foreigner is needed to assist criminal investigations. However, it can no longer be deployed in the categorical manner used by former Homeland Security Secretary Alejandro Mayorkas under the Biden administration. Immigration expert Andrew Arthur estimates that parole usage would drop to perhaps a couple hundred cases annually, compared to nearly 3 million migrants paroled during the Biden era.
The consent decree specifically prohibits the Department of Homeland Security from creating categorical processing pathways for migrants at the border primarily to address detention capacity concerns or improve operational efficiency. This includes any policy that shifts removal proceedings from the border to the interior or postpones their initiation.
The settlement emerged from a 2023 lawsuit filed by then-Florida Attorney General Ashley Moody, now a U.S. senator, and was finalized by her successor, Attorney General James Uthmeier. Florida utilized a “sue-and-settle” strategy, where a lawsuit is filed against a friendly administration and both parties agree to binding policy changes, bypassing Congress and standard administrative rulemaking processes. While this tactic has historically been employed more by left-leaning activists, the Florida settlement demonstrates that conservatives have adopted the approach.
Critics, including Jennifer Coberly of the American Immigration Lawyers Association, argue the deal undermines the law by restricting executive discretion for 15 years. The settlement can only be modified or terminated with consent from both Florida and the federal government, subject to court approval, and a federal judge retains continuing jurisdiction to enforce it.
The Trump administration has already moved to suspend Biden’s parole programs and is working to remove individuals who entered through what officials characterize as legally questionable policies. Florida officials view the settlement as insurance against future Democratic administrations attempting to resurrect similar mass parole policies.
Read more: DOJ reaches legal settlement declaring Biden’s border ’parole’ to be unlawful
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