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The future of Temporary Protected Status (TPS) for Venezuelans is once again before the U.S. Supreme Court. The Trump administration requested a stay of a lower court decision blocking its attempt to end TPS protections.
What is TPS?
Temporary Protected Status (TPS) is a humanitarian program that allows people from certain countries to stay in the U.S. if their home country is facing war, natural disasters, or other extraordinary crises. TPS holders are protected from deportation and receive work authorization.
Venezuela was first granted TPS in 2021 because of political turmoil and humanitarian collapse. The protections were extended and re-designated in 2023, giving more Venezuelans the ability to apply.
Background of the Case
At the heart of the dispute is U.S. District Judge Edward M. Chen's Sept. 5 ruling on the merits to end the Trump administration's bid to end TPS for Venezuelans under the 2023 TPS designation. Judge Chen found that Department of Homeland Security (DHS) Secretary Kristi Noem exceeded her authority by
- Vacating the prior administration's 18-month extension of TPS for Venezuela, and
- Terminating the 2023 re-designation.
Judge Chen determined that he had authority to review the administration's actions and that they violated the Administrative Procedure Act. As a result, he issued nationwide relief.
The Government's Argument
Solicitor General John Sauer, representing the federal government, criticized the district court and the Ninth Circuit (which upheld Judge Chen's preliminary March ruling in an Aug. 29 order). He pointed to the Supreme Court's May 19 ruling in Kristi Noem et al. v. National TPS Alliance et al— an 8–1 decision staying Judge Chen's preliminary ruling — as controlling. Sauer argues that the government would likely succeed in showing that judicial review of TPS termination is barred by the Immigration and Nationality Act, and that Secretary Noem had the authority to rescind the extension before it took effect.
What's Next?
The Supreme Court will decide whether to uphold the lower court's order or allow the DHS to terminate the TPS program, which currently remains reinstated after Judge Chen's Sept. 5 ruling.
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