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Original Date Announced
January 30, 2026In a lawsuit filed by the State of Florida challenging the Parole With Conditions (PWC) policy adopted during the Biden administration, the Department of Justice joined the State of Florida in requesting approval of a consent decree between the Department of Homeland Security (DHS) and the State of Florida that significantly curtails the use of DHS's statutory parole authority for a 15-year period. Under the consent decree:
- The PWC policy is declared unlawful and is set aside;
- DHS and all parties acting in concert with them are "enjoined from implementing or enforcing the PWC memorandum, Parole+ATD memoranda, and any materially indistinguishable policy that injures Plaintiff;" and
- DHS "agree[s] not to issue any memorandum or otherwise adopt any policy that uses the Secretary of Homeland Security’s parole authority under Section 1182(d)(5) to create a categorical processing pathway for aliens at the border primarily to alleviate concerns over detention capacity or improve the Department of Homeland Security’s operational efficiency, including any memorandum or policy shifting the initiation of removal proceedings from the border to the interior or otherwise postponing the initiation of removal proceedings."
Disputes are to be addressed first through informal negotiations and then through judicial review by the court overseeing this matter.
The court signed the consent decree on February 4, 2026.
Florida v. Mayorkas, 23-cv-9962 (N.D. Fla.).
**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**
Trump 2.0 [ID #2188]
2026.01.30 Consent Decree - Florida v. MayorkasEffective Date
February 4, 2026Current Status
NoneOriginal Trump Policy Status
Status: Proposed In LitigationTrump Administration Action: Change in PracticeSubject Matter: Humanitarian Border DetentionAgencies Affected: DHSAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.01.30 Consent Decree - Florida v. Mayorkas
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Commentary
2026.03.02 Forbes - Trump Using Legal Settlements To Enact Immigration Restrictions
Forbes describes the consent decree between DHS and Florida as an effort by the Trump administration to "set policy through consent decrees." Critics argue the agreement is unusual in that it covers Biden policies that are no longer in effect, and is between two parties that agree with each other. The decree also binds future administrations' ability to use their legislative and executive powers. The expansive prohibition of "categorical processing pathways for aliens at the border,” could be used, for instance, to prevent parole programs apart from PWC.
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