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The Supreme Court has delivered a significant victory to President Trump’s immigration policy by allowing his administration to proceed with canceling Temporary Protected Status for hundreds of thousands of Venezuelan migrants. This ruling temporarily overrides a district court decision that had blocked the move, permitting the administration to move forward while legal challenges continue in lower courts.
The unsigned Supreme Court order consisted of two paragraphs, with Justice Ketanji Brown Jackson noting her dissent. The case centers on presidential authority over immigration policy, with Solicitor General D. John Sauer arguing that lower courts have been interfering with executive branch powers.
TPS is granted to nationals of countries experiencing natural disasters, war, political instability, or pandemics, allowing them to stay in the U.S. with work permits while their home countries recover.
Though designed to be temporary, TPS has often become a long-term status for many recipients.
Under President Biden, TPS protection expanded from approximately 300,000 people in early 2021 to nearly 1.1 million by December 2023. Biden’s administration first granted TPS to Venezuelans in 2021 and renewed it multiple times, including just before Mr. Trump took office.
Homeland Security Secretary Kristi Noem moved to revoke Venezuela’s TPS designation, citing concerns that some recipients were members of Tren de Aragua, a gang recently classified as a terrorist organization by the U.S. This marked the first time an administration has revoked TPS before its stated expiration date.
U.S. District Judge Edward Chen had ruled against the Trump administration, finding that Secretary Noem failed to provide adequate justification for the revocation and suggesting the decision was motivated by “animus” against Venezuelans.
Supporters of the Supreme Court’s decision, like the Immigration Reform Law Institute, view it as an affirmation of presidential authority on immigration matters. Meanwhile, immigrant advocates warn that ending these protections will disrupt communities, separate families, and force people “back into the shadows.” They argue that many Venezuelans have established lives in the U.S. and contribute to the economy, making it unlikely they will voluntarily leave the country.
The Supreme Court’s decision has been described by one attorney representing the Venezuelans as “the largest single action stripping any group of noncitizens of immigration status in modern U.S. history.”
Read more: Supreme Court allows Trump to cancel Biden’s deportation amnesty for Venezuelans
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