The 11th Circuit Court of Appeals on Monday denied the Biden administration’s request for a stay on an order blocking the implementation of a controversial policy that saw thousands of migrants released into the U.S. without a court date in the short time it was in place.
A federal judge had blocked the administration’s “parole with conditions” policy in May, a day after it was implemented amid a surge in migration to historic highs just ahead of the end of Title 42 expulsions on May 11. The administration has said that nearly 9,000 migrants were released in the time the policy was in place.
The judge found that the policy, which saw migrants released into the U.S. without court dates and told to check in with Immigration and Customs Enforcement within 60 days, was materially identical to a separate policy that paroled migrants into the U.S. while enrolling them into alternatives to detention (ATD) programs. The judge had blocked that policy in March in response to a lawsuit from Florida Attorney General Ashley Moody, who also filed the May challenge.