The Supreme Court has granted the Trump administration the authority to cancel the temporary protections that have allowed nearly 350,000 Venezuelans to remain in the United States for humanitarian reasons. This decision has raised serious concerns among immigrant advocates, who warn that it could have devastating effects on tens of thousands of migrants currently living and working in the U.S.
While protections for certain Venezuelans will remain effective until September, the status for tens of thousands of others expired on April 7. As is customary in emergency requests, the justices did not provide an explanation for their ruling. This decision will remain in effect while the legal battle over the rescinding of protected status continues in the lower courts. The court has indicated that individual migrants may pursue their own legal challenges if the government attempts to deport them.
Justice Ketanji Brown Jackson was the only justice to voice dissent, stating she would not have overturned a lower court ruling that had maintained the protected status while litigation was ongoing.
The Biden administration established protected status for Venezuelans in response to the severe political and economic turmoil under President Nicolás Maduro's regime, which made deportation unsafe for migrants. However, the Trump administration sought to cancel these protections, arguing they were not in the national interest and posed a public security risk while straining local resources.
Moreover, Trump is also seeking to revoke other Biden-era protections that have allowed millions of immigrants to remain in the United States during their immigration proceedings. This includes temporary protected status for migrants from Afghanistan, Haiti, and Cameroon.
Ahilan Arulanantham, a lawyer challenging the cancellation of TPS for Venezuelans and co-director of the Center for Immigration Law and Policy at UCLA School of Law, emphasized the consequences of the Supreme Court's emergency order. He stated, “This is the largest single action stripping any group of noncitizens of immigration status in modern U.S. history. The humanitarian and economic impact of the Court’s decision will be felt immediately.”
The Secretary of Homeland Security has the authority to designate immigrant groups for protected status when faced with extraordinary conditions, like natural disasters or armed conflict, that threaten the safety of migrants if returned to their homeland. This program is intended to conclude when conditions improve.
In the final days of Joe Biden's presidency, an extension of TPS was approved, which would have continued protections through October 2026. However, Homeland Security Secretary Kristi L. Noem rescinded this extension in February, citing concerns that Venezuelan migrants were straining local resources and alleging that some were affiliated with the Tren de Aragua gang, representing a public safety threat.
This led to a lawsuit in February by seven Venezuelan migrants and the National TPS Alliance, challenging the Trump administration's move to terminate protected status. A federal judge in Northern California temporarily blocked Trump’s action, ruling that the cancellation likely violated procedural rules and was possibly influenced by racial bias.
The judge highlighted that the Secretary’s actions could inflict irreparable harm on hundreds of thousands of individuals, severely disrupting lives, families, and livelihoods. It could also cost the United States billions in economic activity and jeopardize public health and safety in communities across the nation.
Despite these concerns, the Trump administration argued that extending TPS for Venezuelans would harm national security and public safety, straining local resources that are already at capacity. The emergency appeal to the Supreme Court is one of at least 18 cases related to Trump administration policies, including several concerning immigration issues.
As the legal fight continues, migrants and the TPS Alliance assert that Venezuela remains unsafe and that the cancellation of the TPS program was driven by bias. They argue that the Secretary of Homeland Security relied on false stereotypes to justify the termination of TPS, equating Venezuelan TPS holders with “dirt bags” and dangerous criminals.
In a related development, earlier this month, the Trump administration also sought the Supreme Court’s approval to proceed with the deportation of over 530,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela who have been allowed to stay in the United States while their asylum and removal cases are pending. This request is currently under consideration.
This situation continues to evolve, and updates will be provided as new information becomes available.
