In immigration matters, the Congress has expressly provided that Administrations retain discretion, both for operational efficiency, and / or lack of detention capacity, to “parole” non-dangerous people, until their hearing dates arrive. That discretion has existed for decades. But in a collusive State of Florida suit, the federal government now purports (with DeSantis) to PREVENT all immigration authorities in the future — from ever exercising the discretion the Congress wisely bestowed on the FUTURE executive branch heads.
It matters not that the “settlement decree” is limited to 15 years, or 2041. Parties to a private lawsuit cannot take away the Congressional mandate — by colluding together, solely to tie the hands of any future Democratic occupant of 1600 Penn. It simply cannot be done (where did this “judge” get his law degree?!).
Just as in political maps / gerrymandering, the Supremes will invalidate this overreach, probably even before the 2028 election outcomes are known. Update: it turns out that this order says nothing of the sort. It is simply a political manifesto by MAGA-nuts. See my new post, of Tuesday, February 10, 2026 — on it all. End update.
Here’s a right-wing rag’s write up on this chicanery — it is self refuting:
…“[All future US governmental] Defendants agree 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….”
So no, son — your googly eyes will not allow you to rewrite a congressional mandate — and apply it nationwide, just because one state Governor (DeSantis) is willing to try to thwart federal law — and checks and balances.
Onward, resolutely.
नमस्ते
