A U.S. court of appeals is reconsidering a March 2023 federal judge decision that found a Biden administration migrant policy in violation of U.S. immigration law. The policy allows for individuals to be released rather than waiting for deportation proceedings, known as parole, on a broad basis rather than at the individual case level. In June 2023, the 11th Circuit court refused to stay the ruling, pending an appeal from the Biden administration.

The state of Florida challenged the policy in 2021, citing an increase in costs due to non-citizen children enrolling in public schools after the Biden migrant policy was enacted. Further, Florida claimed the parole policy represented a legislative rule under the federal Administration Procedure Act (APA) as it did not fulfill the DHS requirement of a public comment period, among other elements.

The appeals court is seemingly divided over the ruling, citing the legal basis for the Florida challenge. Per one appeals court judge, Florida did not provide proof that the parole recipients were using state services and that as a result, there was a net cost to Florida. A different judge stated there is likely some impact to the state. There was little discussion over the legal-basis challenge.

A June 2023 Supreme Court ruling found that states do not have a legal basis to challenge federal immigration law based on public cost. The federal government cites this ruling in their challenge to the appeals court.

ILBSG actively monitors ongoing updates to U.S.-immigration policy. As always, contact us if you have questions about an immigration-related issue.

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