The Department of Homeland Security (DHS) has empowered federal immigration officials to bypass legal protections for hundreds of thousands of migrants who entered the U.S. legally through Biden administration programs. According to a memo obtained by POLITICO, acting DHS Secretary Benjamine Huffman has authorized Immigration and Customs Enforcement (ICE) to arrest, detain, and deport some migrants without hearings before immigration judges.
Key Changes in Deportation Policies
The directive expands expedited removal authority, traditionally limited to migrants near the southern border or in the country for less than two weeks, to include individuals nationwide. Migrants unable to prove continuous residence in the U.S. for over two years are now subject to fast-track deportations.
Additionally, DHS will review and possibly revoke the parole status of migrants granted entry through Biden-era programs like the mobile app for scheduling immigration appointments or the humanitarian parole program for migrants from Cuba, Nicaragua, Venezuela, and Haiti.
Potential Impact
These changes could affect over one million immigrants who entered the U.S. legally through these programs. The Biden administration argued these pathways eased pressure on the southern border, but Trump and Republicans contend they exacerbated the immigration crisis.
“This move underscores Trump’s commitment to an aggressive immigration crackdown that extends beyond illegal border crossings,” analysts note.
Expanding Expedited Removal
The memo directs ICE to identify migrants eligible for expedited removal. Even those protected under temporary legal statuses could face deportation. Huffman’s order also seeks to wind down the use of parole, a discretionary authority used for humanitarian or significant public benefit reasons.
The American Civil Liberties Union (ACLU) has already challenged the nationwide expansion of expedited removal.
Uncertain Scope
It remains unclear how many migrants will be impacted or if the directive will extend to groups like Afghan and Ukrainian immigrants admitted under separate programs. Each case will depend on the individual’s legal status or involvement in removal proceedings.
Humanitarian Concerns
Advocacy groups warn that these policies leave migrants vulnerable, as the government has access to their information from the entry programs. Critics argue that revoking parole could undermine trust in legal pathways established to manage migration.
What’s Next?
The Biden-era parole program, known as CHNV, granted temporary residence and work authorization to migrants with U.S.-based sponsors. Its rollback and the expanded deportation authority signal a significant shift in U.S. immigration policy under Trump.
As legal challenges mount, the fate of hundreds of thousands of migrants hangs in the balance, with potential ripple effects for future immigration pathways.
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