Coalition of Humane Immigrant Rights v. Noem
BrynoDC Coverage 1 video
Overview
Overview
Immigrant rights organizations sued the Trump administration over its policies expanding the expedited removal policy to include individuals who entered the United States through a humanitarian parole process.
The Issue
Issue
Whether the Trump administration's expansion of expedited removal authority to include individuals who entered through humanitarian parole violates the Immigration and Nationality Act or the Administrative Procedure Act.
The Rules
Rule
Under INA § 235(b)(1), expedited removal applies to certain aliens who arrive at a port of entry without proper documents or are found in the U.S. without admission or parole; parolees have historically been treated as a distinct category not subject to expedited removal.
The Application
Analysis
The Expedited Removal Policy extends expedited removal to parolees, interpreting them as falling within the statute's scope. Plaintiff organizations contend this expansion exceeds the statute's limits and either violates the INA or fails to follow proper administrative procedures.
The Conclusion
Conclusion
On August 1, 2025, Judge Jia Cobb issued a Memorandum Opinion staying the government's policy of subjecting paroled noncitizens to expedited removal, finding the plaintiffs likely to succeed on their claim that the policy exceeds DHS's authority under the Immigration and Nationality Act, and extending the stay to all affected noncitizens rather than only the named plaintiffs. The government appealed. On August 11, 2026, the D.C. Circuit, in a per curiam opinion by Chief Judge Srinivasan and Judges Rao and Walker, vacated Cobb's stay, holding that the district court lacked jurisdiction because the plaintiffs had not challenged 8 C.F.R. 1.2, the regulation that independently subjects parolees to expedited removal, so the stay would not redress their injury. The ruling turned on standing and redressability, not on the merits of the APA claims. The appellate mandate issued October 6, 2026, returning the case to Judge Cobb, where summary-judgment litigation on the surviving claims continues without the stay in place.
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