US judge blocks Trump from cutting migrants off from Head Start, other programs
A federal appeals court has delivered a significant ruling in the
ongoing dispute over parole programs for migrants, underscoring the deep
divisions in U.S. immigration policy.
The U.S. Supreme Court in May temporarily put on hold District Judge
Indira Talwani’s earlier decision, which would have prevented South
Dakota Governor Kristi Noem from ending parole for certain migrants. With
that stay in place, the termination of parole programs moved forward while
litigation continued.
On September 12, Judge Gustavo Gelpí, writing for a three-judge panel of
the 1st Circuit Court of Appeals, said Noem’s actions forced thousands of
migrants into an impossible choice: either return to the dangers of their home
countries or remain in the United States under threat of detention and
deportation. Still, the court concluded that the plaintiffs—represented by
lawyers from the Justice Action Center—had not shown that Noem clearly lacked
authority under the Immigration and Nationality Act to halt the programs. All
three appellate judges were appointed by Democratic presidents.
The Biden administration initially launched the parole program in 2022,
beginning with Venezuelans who arrived by air, passed background checks, and
secured a U.S. sponsor. In 2023, the program was extended to include Cubans,
Haitians, and Nicaraguans. Between October 2022 and January 2025, more than
532,000 people were granted parole under these policies. Noem’s March decision
to terminate them affected nearly 430,000 migrants.
Advocates expressed alarm over the court’s latest ruling. Esther Sung,
counsel for the plaintiffs, called the decision “devastating but narrow,”
stressing that litigation is ongoing and a final judgment has yet to be
reached. The Department of Homeland Security has not yet issued a formal
response, while the Justice Department urged the appeals court to uphold the
Supreme Court’s earlier stay and reject what it called “a brazen request to
defy the Supreme Court.”
For readers of New
India Abroad, this case illustrates how immigration debates in the United
States ripple far beyond politics, directly shaping the futures of hundreds of
thousands of families. With litigation continuing, the stakes remain high for
migrants, policymakers, and communities nationwide.

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