A nearly four-year legal battle between Florida and the federal government over immigration policies may soon come to a close due to recent changes implemented by President Donald Trump.
Last week, the 11th U.S. Circuit Court of Appeals asked attorneys for both sides to submit briefs addressing whether the case is now moot. This follows Trump’s executive order, issued after he took office on Jan. 20, instructing the Department of Homeland Security to “terminate all categorical parole programs that are contrary to the policies of the United States.”
Related posts
The case began in September 2021 when then-Florida Attorney General Ashley Moody, alongside Gov. Ron DeSantis, filed a lawsuit challenging the Biden administration’s immigration policies. At the center of the case were programs like “Parole Plus Alternatives to Detention” and “Parole with Conditions,” which allowed undocumented immigrants to be released after crossing the southern border.
U.S. District Judge T. Kent Wetherell sided with Florida in 2023, ruling that the policies violated federal law. However, the Biden administration appealed, and the case has been pending before the Atlanta-based appeals court.
The court’s recent directive cited the potential mootness of the case, noting that changes in presidential administrations and immigration policy could prevent the court from offering “meaningful relief” to Florida.
Florida’s original argument claimed that the Biden-era “catch-and-release” policies violated immigration laws and placed financial burdens on the state’s education, healthcare, and prison systems.
Although Judge Wetherell ruled in Florida’s favor, the appeals court has raised doubts about whether the state has legal standing to bring the case—especially after the U.S. Supreme Court determined that Texas and Louisiana lacked standing in a similar immigration lawsuit.
Florida contended that its case is distinct, as it challenges parole policies for individuals already detained, not arrest policies. “Texas involved the executive branch’s historic discretion to enforce federal law,” the state argued. “But here, the challenged policies… confer temporary legal status and other statutory benefits in the form of parole.”
The Biden administration dismissed that difference, calling it “immaterial” and asserting that both lawsuits deal with discretionary policy decisions.
In a May 2024 brief, the Justice Department argued that DHS’s parole programs represented practical responses to resource constraints during specific periods of high border crossings.
The political landscape surrounding the case has also shifted. Along with Trump replacing Biden as president, Gov. DeSantis appointed Ashley Moody to the U.S. Senate, succeeding Marco Rubio, who was named secretary of state.
