The Supreme Court is allowing the Trump administration to end deportation protections for hundreds of thousands of Venezuelan migrants as the legal battle over the matter continues on.
In a major win for the Trump administration, the high court Monday granted its request to temporarily lift a lower court’s injunction that blocked the Department of Homeland Security (DHS) from revoking Temporary Protected Status (TPS) for Venezuelan nationals. Liberal Justice Ketanji Brown Jackson, a Biden appointee, was the only member to publicly dissent with the order. (RELATED: ‘Absolutely Sickening’: Trump DHS Unloads On Tim Walz For Comparing ICE Agents To ‘Gestapo’)
The ruling will allow DHS to move forward with its intention to unwind TPS for roughly 300,000 Venezuelan nationals in the U.S., paving the way for them to be deported if they do not leave the country.
WASHINGTON, DC – JANUARY 26: The U.S. Supreme Court building on the day it was reported that Associate Justice Stephen Breyer would soon retire on January 26, 2022 in Washington, DC. Appointed by President Bill Clinton, Breyer has been on the court since 1994. (Photo by Chip Somodevilla/Getty Images)
Created by Congress in 1990, TPS provides certain deportation protections and work eligibility to those who receive its designation, including those unlawfully in the U.S. Over the last few decades, various administrations have designated TPS for foreign nationals living stateside whose home countries are experiencing any number of situations that may make it dangerous for them to return, such as an ongoing military conflict or natural disaster.
Shortly after assuming office, DHS Secretary Kristi Noem announced she would be revoking a last-minute extension of TPS by the Biden administration, meaning these Venezuelan nationals would lose their deportation protection benefits by April 7. However, a California federal judge blocked her order in March, arguing the program has broad implications and terminating these protections could harm the economy.
The Trump administration later filed an emergency relief application with the Supreme Court, with the vast majority of Supreme Court justices Monday allowing the White House to end TPS for Venezuelans while the legal challenge continues.
“Should certiorari be denied, this stay shall terminate automatically,” the Supreme Court brief stated. “In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.”
Venezuelan migrants have flocked to the U.S. en masse in recent years, largely fleeing economic instability under socialist President Nicolas Maduro. Hundreds of thousands of Venezuelan nationals were encountered by Border Patrol and other immigration agents during the Biden administration, according to Customs and Border Protection data.
Among those seeking refuge in the U.S. have included members of Tren de Aragua, a Venezuelan prison gang that has established a presence across the country. Tren de Aragua gangbangers have been accused of deadly shootings, home invasions and even taking control of entire apartment complexes.
President Joe Biden granted TPS to Venezuelans in 2021 and again in 2023. On Jan 10, just days before President Donald Trump was to be sworn back into office, the Biden administration extended these protections for Venezuelan TPS holders, allowing them to keep their status until October 2026.
Critics of TPS have long argued that the program is “temporary” in name only, with extensions for countries being made repeatedly over the years. The Trump administration in February also revoked TPS extensions for Haitian nationals, arguing that the Biden White House tried to keep the protections in place for far longer than was necessary.
“We are returning integrity to the TPS system, which has been abused and exploited by illegal aliens for decades,” a DHS spokesperson stated at the time. “President Trump and [DHS Secretary Kristi] Noem are returning TPS to its original status: temporary.”
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