The U.S. Supreme Court has recently granted the Trump administration permission to strip Temporary Protected Status from thousands of Venezuelans living in the United States.
This emergency appeal allows the government to proceed while litigation continues in the lower courts.
Background
In January, the Trump administration announced its intention to terminate TPS for Venezuelan nationals—protections that shield recipients from deportation due to ongoing civil unrest and hazardous conditions in their home country. Soon afterward, the Justice Department appealed to the Supreme Court after a San Francisco federal judge issued a preliminary block on those efforts, criticizing the administration’s action as seemingly “predicated on negative stereotypes.”
Split Decision
Court’s order lifting the injunction drew a lone dissent from Justice Ketanji Brown Jackson, President Biden’s appointee, who was the only justice to note disagreement with Monday’s procedural ruling. The majority did not explain their decision, nor did Justice Jackson elaborate on her objections.
Previous Court Interventions
This decision marks another high court victory for the Trump administration, which has frequently sought emergency relief after district court judges halted several of its immigration policies. Just last Friday, the Supreme Court similarly blocked the administration from immediately deporting a group of Venezuelan migrants it labeled gang members.
Secretary Noem’s TPS Termination
Homeland Security Secretary Kristi Noem—who replaced her predecessor’s TPS designation, justified her action by invoking decades of precedent: agencies have “terminated TPS designations when, in their judgment, the statutory conditions no longer warrant them.” Solicitor General D. John Sauer echoed this rationale in filings to the Court.
The National TPS Alliance challenged Noem’s authority, arguing she failed to assess Venezuelan conditions properly or provide the required notice. Their brief warned that unchecked power could lead to arbitrary designations or terminations—“They could designate Mexico for 50 years to accomplish mass legalization, or China and India to sweeten a trade deal.”
Lower Court’s Finding Of Animus
U.S. District Judge Edward Chen in California originally blocked Noem’s decision, accusing the administration of circumventing procedural requirements and acting out of hostility. “Smacks of racism,” he wrote, referring to Noem’s statements suggesting Venezuelans were prone to criminality and gang involvement.
Security Considerations
Supporters of TPS note that roughly 300,000 Venezuelans faced expiration of their protections in April—and an additional 300,000 were due to lose TPS in September under Secretary Noem’s actions. Opponents, including DHS spokesperson Tricia McLaughlin, frame the termination as a public-safety measure. “The Biden administration exploited programs to let poorly vetted migrants into this country—from MS-13 gang members to known terrorists and murderers,” McLaughlin stated, asserting the move “reinstitut[es] integrity into our immigration system.”
In a related policy, the Trump administration has designated the Venezuelan gang Tren de Aragua as a foreign terrorist organization, highlighting concerns about gang activity among migrants.
After the Supreme Court’s decision, the case returns to the Ninth Circuit Court of Appeals, which has yet to rule on the appeal of Judge Chen’s block. Meanwhile, Judge Chen has scheduled a July 11 hearing on whether the administration adhered to proper procedures in revoking TPS.
The outcome will determine the status of protections for hundreds of thousands of Venezuelan migrants in the months ahead.
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