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Judge upholds program allowing 30,000 migrants from 4 countries into the US per month
Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection on Sept. 23, 2023, in Eagle Pass, Texas. On March 8, 2024, a federal judge in Texas upheld a key piece of President Joe Biden’s immigration policy that allows a limited number of migrants from four countries to enter the U.S. on humanitarian grounds.
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Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection on Sept. 23, 2023, in Eagle Pass, Texas. On March 8, 2024, a federal judge in Texas upheld a key piece of President Joe Biden’s immigration policy that allows a limited number of migrants from four countries to enter the U.S. on humanitarian grounds.
Eric Gay/AP
HOUSTON — The Biden administration can keep operating a program that allows a limited number of migrants from four countries to enter the U.S. on humanitarian grounds after a federal judge on Friday dismissed a challenge from Republican-led states.
U.S. District Judge Drew B. Tipton said Texas and 20 other states had not shown they had suffered financial harm because of the humanitarian parole program that allows up to 30,000 asylum-seekers into the U.S. each month from Cuba, Haiti, Nicaragua and Venezuela combined. That was something the states needed to prove to have legal standing to bring the lawsuit.
“In reaching this conclusion, the Court does not address the lawfulness of the Program,” Tipton wrote.
Eliminating the program would undercut a broader policy that seeks to encourage migrants to use the Biden administration’s preferred pathways into the U.S. or face stiff consequences.
The states, led by Texas, had argued the program is forcing them to spend millions on health care, education, and public safety for the migrants. An attorney working with the Texas attorney general’s office in the legal challenge said that the program “created a shadow immigration system.”
Advocates for the federal government countered that migrants admitted through the policy helped with a U.S. farm labor shortage.
The Texas Attorney General’s Office, the U.S. Justice Department and the U.S. Department of Homeland Security, which defended the program, didn’t immediately reply to messages seeking comment.
An appeal by Texas and the other states seemed likely.
Since the program was launched in fall 2022, more than 357,000 people from Cuba, Haiti, Nicaragua and Venezuela have been granted parole and allowed to enter the country through January. Haitians have been far been the biggest group to use the program with 138,000 people from that country arriving, followed by 86,000 Venezuelans, 74,000 Cubans and 58,000 Nicaraguans.
Migrants must apply online, arrive at an airport and have a financial sponsor in the U.S. If approved, they can stay for two years and get a work permit.
President Joe Biden has made unprecedented use of parole authority, which has been in effect since 1952 and allows presidents to let people in for “urgent humanitarian reasons or significant public benefit.”
Esther Sung, an attorney for Justice Action Center, which represented seven people who were sponsoring migrants as part of the program, said she was looking forward to calling her clients to let them know of the court’s decision.
“It’s a popular program. People want to welcome other people to this country,” she said.
During an August trial in Victoria, Texas, Tipton declined to issue any temporary order that would halt the parole program nationwide. Tipton is an appointee of former President Donald Trump who ruled against the Biden administration in 2022 on an order that determined who to prioritize for deportation.
Some states said the initiative has benefited them. One Nicaraguan migrant admitted into the country through the process filled a position at a farm in Washington state that was struggling to find workers.
Tipton questioned how Texas could be claiming financial losses if data showed that the parole program actually reduced the number of migrants coming into the U.S.
“The Court has before it a case in which Plaintiffs claim that they have been injured by a program that has actually lowered their out-of-pocket costs,” Tipton said in Friday’s ruling.
When the policy took effect, the Biden administration had been preparing to end a pandemic-era policy at the border known as Title 42 that barred migrants from seeking asylum at ports of entry and immediately expelled many who entered illegally.
Proponents of the policy also faced scrutiny from Tipton, who questioned whether living in poverty was enough for migrants to qualify. Elissa Fudim, a lawyer with the U.S. Department of Justice, responded: “I think probably not.”
Federal government attorneys and immigrant rights groups said that in many cases, Cubans, Haitians, Nicaraguans and Venezuelans are also fleeing oppressive regimes, escalating violence and worsening political conditions that have endangered their lives.
The lawsuit did not challenge the use of humanitarian parole for tens of thousands of Ukrainians who came after Russia’s invasion. It is among several legal challenges the Biden administration has faced over its immigration policies.
The program’s supporters said each case is individually reviewed and some people who had made it to the final approval step after arriving in the U.S. have been rejected, though they did not provide the number of rejections that have occurred.
Friday’s decision “is a clear win and affirmation of humanitarian immigration parole being an indispensable, necessary and model program of the type of smart solutions we should be focusing on to relieve pressure on the border and modernize our failed immigration system,” said Todd Schulte, president of immigration advocacy organization FWD.us.
Andrea (left), Pablo (center), and Martin Langesfeld (right) hold a photograph of their daughter and sister, Nicky Langesfeld and her husband Luis Sadovnic, at a park in Doral, Fla., where the city named a street Nicky Langesfeld Place to honor her memory, Martin says, “as a reminder that she’ll be here with us forever.” Nicole “Nicky” and Luis were two of the 98 people killed when the Champlain Towers South condominium building collapsed in Surfside on June 24, 2021.
Meredith Nierman/NPR
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Meredith Nierman/NPR
SURFSIDE, Fla. — Just around the corner from where a beachfront condominium collapsed five years ago, there’s a makeshift memorial: a plastic banner strung up on a wood frame, with the names of the 98 victims, ranging in age from a year-old infant to a 92-year-old grandmother.
“It’s an unfortunate reminder of how big this tragedy was,” says Martin Langesfeld, locating the name of his sister Nicky, 26, and her husband Luis Sadovnik, 28. “It’s more than just names. It’s stories. It’s families.”
Two-thirds of the 12-story Champlain Towers South building collapsed just after 1 a.m. on June 24, 2021. It started when the pool deck caved in. Seven minutes later, as many of the occupants were sleeping, the tower began to fall.
Five escaped, and three were rescued from the rubble with severe injuries by first responders. Search teams evacuated residents in the remaining part of the building, which was demolished 10 days later for safety reasons.
Search and rescue personnel work in the rubble of the 12-story, beachfront Champlain Towers South condominium that crumbled to the ground on June 24, 2021 in Surfside.
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Hundreds were left without a home and belongings, and the state was forced to grapple with how it regulates structural safety.
Langesfeld is among those who’ve been pushing to improve what they consider a lax system of building oversight. His sister and brother-in-law were newlyweds, who had moved into the condo together just a few months earlier.
“A dream place, home, where you feel you’re safest is where they were killed,” he says.
He’s also frustrated there is no permanent memorial honoring the victims, while a new luxury condo is going up on the land where Champlain Towers once stood.
“It’s been almost five years and there’s no development for the memorial,” he says. “And the development for the new building is very well underway.”
The North Tower of the Champlain Towers condominium complex stands on April 27, overlooking the vacant site where its sister building, Champlain Towers South, collapsed on June 24, 2021. The collapse resulted in 98 deaths and remains one of the largest structural failures in U.S. history. A new luxury condominium complex, the Delmore, is slated for construction on the empty lot.
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Technical findings released Monday by the National Institute of Standards and Technology concluded the problem started about three weeks before the collapse when two connections between garage columns and the pool deck failed, causing cracks to grow and loads to shift to connections that were not strong enough to support them.
Investigators found “severe and widespread deviations in the building’s original structural design from the codes and standards of the day,” and that the building’s construction in 1981 deviated from the design drawings. Investigators will issue a final report later that includes recommendations for changes to standards, codes and practices to improve building safety.
To date, no one has been held criminally responsible.
But in a complex civil lawsuit, more than 30 defendants contributed to a $1.2 billion class action settlement reached just a year after the collapse to address wrongful death, personal injury and property loss claims.
“I think what was apparent to all parties, legal parties, is that it was an enormous loss,” says Coral Gables attorney Rachel Wagner Furst, co-lead counsel representing the Surfside victims.
None of the settling parties admitted liability or wrongdoing, but Wagner Furst says the litigation pointed to many factors that contributed to the scope of the disaster beyond the condo board, which was singled out in the initial lawsuit for not heeding warning signs and deferring repairs on the 40-year-old building.
She notes, “Companies and individuals who had serviced the Champlain Towers South condominium building in the years before the collapse that had arguably or allegedly failed in some way to provide proper maintenance advice or counsel, including the security company that had staffed the front desk of the building and was on duty at the time that the alarm ought to have sounded.”
Attorney Rachel Wagner Furst served as co-lead counsel for the plaintiffs in a class-action lawsuit for the victims of the Champlain Towers South collapse in Surfside, which resulted in a $1.2 billion settlement.
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The Surfside collapse was a wake-up call for condo associations and regulators around the country.
In the immediate aftermath in South Florida, some two dozen properties were evacuated for safety concerns. Most eventually were able to return after repairs.
The state responded by passing more stringent regulations, including new mandates for structural inspections and requiring condo associations to maintain a minimum level of reserve funding for structural upkeep.
“The Florida legislature pushed the burden to create safe housing stock in Florida onto the people who are least able to bear it, which is the Florida consumer,” says Ft. Lauderdale attorney Donna DiMaggio Berger who specializes in condominium law, and founded a group that lobbies on behalf of the more than 50,000 community associations in Florida.
She says developers also should share in the burden.
“If we wind up with the safest housing stock in the country. Bravo, well done,” she says. But “safe buildings start with the people who build them and repair them.”
Construction cranes line the skyline along the beach in Surfside, Fla., on April 27.
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No matter how well-intentioned, the building reforms could have unintended consequences, says Miami-Dade County Mayor Daniella Levine Cava.
She says some buildings have been taken over by people who want to turn them into more expensive, luxurious developments.
“There’s tremendous pressure that people can’t afford these things and so they’re forced to sell,” she says. “We call it ‘condo vultures,’ and it is at our peril.”
Levine Cava says she understands that people want to live “the good life” in South Florida, but there must be balance.
“We know we live in paradise,” she says. “We also know that we need to have people of all means in our community.”
Miami-Dade Mayor Daniella Levine Cava says her community was severely changed by this tragedy, “the pain is still very real. Many people have moved on with their lives and others are still suffering greatly.”
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That’s long been the conundrum in Florida, a trend that accelerated during the COVID-19 pandemic when people flocked to the Sunshine State.
And it’s evident in Surfside, just north of Miami Beach, which is becoming an ultra-wealthy enclave with a wall of condos lining the Atlantic, and more under construction. The area is adjacent to swanky shopping malls and private islands where tech titans have waterfront estates.
The Champlain Towers South property itself is soon to be home to the community’s latest luxury development, The Delmore. Billed as “expansive mansions in the sky,” the sales price of the units starts at $15 million; penthouses go for more than $150 million.
“Each penthouse has its own private pool, and that’s a glass-fronted pool that gets the view to the ocean,” says developer Jeffery Rossely, pointing to the layout on a scale model in a posh sales gallery.
Jeffery Rossely, a developer at the Dubai-based firm Damac Properties, points to a model of a luxury property called The Delmore.
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Marisa Peñaloza/NPR
Rossely is with Damac Properties, a Dubai-based firm. This is the company’s first residential project in the U.S. Damac was the only bidder with a $120 million cash offer for the property.
“It was obviously at the time a tragic opportunity, but the courts had already ordered sale of the property,” Rossely says. “The money was required to compensate the victims.”
But the project has not received a warm welcome in Surfside. At town meetings he says his company has been accused of having blood on its hands.
A sign welcoming visitors to Surfside, Fla., stands directly across the street from the former site of the Champlain Towers South condominium. Today, a new luxury residential development called The Delmore is under construction on the empty lot where the tower once stood.
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“I didn’t understand why there would be angst for someone coming in and paying that money upfront,” says Rossely.
But in retrospect, he concedes, the project needed a different approach.
“We should have spent a bit more time on due diligence, on community reaction, rather than on the physical property itself,” Rossely says. “We went through what I would call the traditional due diligence. Maybe we should have gone through emotional due diligence, as well.”
The question now is whether people will want to live in the new building. There are no buyers yet in the pre-sale phase.
Meanwhile, the town of Surfside will light a torch at 1:15 a.m. on Wednesday, just outside the development’s fence, to remember the Champlain Towers South victims five years after the collapse.
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Trump says proof of his allegations that vandals cut Reflecting Pool paint will be provided in court
Washington — President Trump on Monday said proof will be provided in court of his allegations that vandals “cut” a massive slit in the Lincoln Memorial Reflecting Pool, which he claims is the reason the paint is peeling on the recently renovated but algae-plagued project.
In an exchange with CBS News senior White House correspondent Ed O’Keefe, Mr. Trump insisted that vandals, rather than questionable craftsmanship, are responsible for the enduring problems following the $14.7 million sealant job. The president claimed vandals cut a 350-foot slit in the pool between the World War II Memorial and the Lincoln Memorial. Five people have been arrested for vandalism related to the Reflecting Pool, and five additional individuals were issued federal citations, according to the U.S. Park Police, although neither the company behind the project nor the U.S. Park Service has said a cut slit was responsible for the peeling.
Asked if he had proof, such as photos or video, that vandals used a knife to cut a massive slit in the pool, Mr. Trump responded: “Well, let’s put it this way, when you have a 350, I think it’s 350, not 250, when you have a 350-foot slit, from one end to the other, you think that’s proof? You think that’s proof?”
O’Keefe noted that reporters had been to the site and found no evidence of a slit.
“Well, you’d have to go see the Parks Department. They’ll show it to you, or see, see the secretary, but I saw it,” Mr. Trump said, likely referencing Interior Secretary Doug Burgum. “They cut it, they cut it very violently. The same thing with the floor, they cut it, and then they lifted it. They pulled it, and that’s what it is.”
After defending the project, the president said, “We also have pictures.”
O’Keefe asked the president for evidence of his claims.
“Yeah, at the right time you’ll see it,” Mr. Trump said. “You’ll see it in court. You’ll see it in court, but all you have to do is call the Parks Department, call the Department of Interior.”
The president also suggested someone may have placed fertilizer in the water to create the algae that teams have been attempting to clear.
“If you put fertilizer in the water, you get algae, but somebody said they might have put fertilizer, they did something to create the algae,” the president said, again without providing evidence for his claims.
CBS News has reached out to the National Park Service and the Department of the Interior. So far, there’s been no response.
Atlantic Industrial Coatings, which received a no-bid contract to install the sealant on the floor of the Reflecting Pool, told CBS News there are “some areas” that “require repairs.”
“These areas are a very small part of the massive 7-acre project, and do not indicate a failure of the liner,” the company said. “These repairs can not be made until the pool is drained. As soon as it’s feasible for the park, the pool will be drained and AIC will be back to make those needed repairs as part of the warranty.”
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