A federal appeals court in the US on Friday rejected a challenge by immigrant rights activists to the Donald Trump administration's decision to revoke the temporary legal status of hundreds of thousands of immigrants from Cuba, Haiti, Nicaragua and Venezuela living in the United States.
The Boston-based First Circuit Court of Appeals overturned a ruling by federal district judge Indira Talwani that Homeland Security Secretary Kristi Noem lacked the authority to halt the temporary resident permit program for about 430,000 immigrants, previously approved under former Democratic President Joe Biden. Talwani's ruling was stayed by the Supreme Court in May, allowing the end of the permits to go into effect while the legal process continued.
Judge Gustavo Gelpí, speaking for a three-judge panel appointed by Democratic presidents, said Noem’s action forced immigrants to suddenly choose between returning to the dangers of their home countries or remaining in the U.S. at risk of arrest and deportation. However, Gelpí said lawyers representing the immigrant group had failed to prove that Noem had no authority under the Immigration and Nationality Act to categorically end their program.
The Biden administration’s program, launched in 2022, allowed Venezuelans entering the U.S. by air to seek two-year temporary status if they passed security checks and had a U.S. financial sponsor. In 2023, the program was expanded to include citizens from Cuba, Haiti, and Nicaragua. From October 2022 to January 2025, about 532,000 people received status through these programs, but in March 2025, Secretary Noem decided to end the program, affecting about 430,000 immigrants.
The activists' lawyer, Esther Sung, called Friday's decision "devastating," but added that there is still a chance to win as the legal process continues toward a final decision.