A federal appellate court upheld the denial of the Department of Homeland Security (DHS)’s request for a stay that would have allowed the federal government to release some parole migrants into the U.S. without much supervision.

The 11th U.S. Circuit Court of Appeals panel of appellate judges in Atlanta decided that the federal government failed to make its case, citing a time-lapse in appealing a previous court opinion and less fallout at the border than was originally anticipated.

“The department’s ability to ascertain future harm is uncertain at best,” the order states. “Given this record, we take DHS’s latest claims of impending disaster if it is not allowed to use either of the challenged policies with some skepticism.”

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