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2.0

DHS enters into a proposed 15-year consent decree with Florida to curtail exercise of parole authority

  1. Original Date Announced

    January 30, 2026

    In 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:

    1) the PWC policy is declared unlawful and is set aside;

    2) 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

    3) 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.

    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. Mayorkas

Current Status

None

Original Trump Policy Status

Status: Proposed In Litigation
Trump Administration Action: Change in Practice
Subject Matter: Humanitarian Border Detention
Agencies Affected: DHS

Documents

Trump-Era Policy Documents

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