On Friday, the Supreme Court made a significant ruling that permits the Trump administration to revoke the temporary legal status of up to 600,000 Venezuelan immigrants, raising concerns that some individuals may face deportation. This decision came after the court granted an emergency request from the Trump administration, which aimed to block a previous ruling by a federal judge. The judge had determined that Homeland Security Secretary Kristi Noem did not follow the proper procedures when revoking the Temporary Protected Status (TPS) for Venezuelans.
The Supreme Court, which holds a conservative 6-3 majority, had previously granted an emergency request from the Trump administration in May related to the same case. The most recent filing followed a ruling by California-based U.S. District Judge Edward Chen on September 5, which was a final decision rather than a preliminary one. Despite the evolving nature of the case, the legal arguments and potential harms presented by both parties have largely remained unchanged. The court's order stated, “The same result that we reached in May is appropriate here.”
The ruling was met with dissent from the court's three liberal justices. Justice Ketanji Brown Jackson was particularly vocal, penning a dissenting opinion that criticized the court for consistently granting emergency requests from the Trump administration, a practice it has followed in 20 other cases. She expressed concern about the court’s repeated interference with ongoing cases in lower courts, stating, “I cannot abide our repeated, gratuitous, and harmful interference with cases pending in the lower courts while lives hang in the balance.”
The Trump administration has contended that Judge Chen's latest ruling effectively defied the earlier decision made by the Supreme Court. However, lower courts have dismissed this argument, emphasizing that the high court had not provided an explanation for its earlier emergency ruling. A three-judge panel from the 9th U.S. Circuit Court of Appeals noted, “We can only guess as to the court’s rationale when it provides none.”
The National TPS Alliance and individual Venezuelans have actively challenged the Trump administration’s decision to revoke protections for Venezuelan immigrants. This case draws attention to a decision made near the end of the Biden administration, which extended protections under the federal Temporary Protected Status program. Citing the ongoing political instability in Venezuela, the Biden administration announced in March 2021 that Venezuelans were eligible for TPS, a program designed to provide humanitarian relief to individuals from countries experiencing war, natural disasters, or other crises.
Under the TPS program, applicants are granted legal status in the United States and can apply for work authorization for up to 18 months, with the possibility of extensions. The protections initiated by the Biden administration are set to expire in October 2026. Without this legal protection, affected Venezuelans may be subject to deportation through standard legal processes, although they may still explore alternative avenues for remaining in the United States, such as seeking asylum.
