Supreme Court Reinstates Trump Administration’s Authority to End TPS for Venezuelans
The Supreme Court has again ruled in favor of the Trump administration, allowing the cancellation of Temporary Protected Status (TPS) for approximately 607,000 Venezuelans currently residing in the United States. This decision reverses previous rulings by lower courts that had temporarily restored the protections.
The case centers on the authority of the Department of Homeland Security (DHS) to terminate TPS designations. Originally granted by then-Homeland Security Secretary Alejandro Mayorkas under the Biden administration in 2021 and 2023, TPS provided protection to Venezuelans fleeing the political and economic collapse in their home country. South dakota Governor Kristi Noem, acting as the state’s attorney general, challenged the extensions, arguing they were improperly implemented.
Noem initially sought to reverse the extension set to expire in October 2026, and later announced the termination of the 2023 TPS designation, slated to take effect in April. A temporary pause on Noem’s repeal was issued by Judge Chen in March, but the Supreme Court overturned that pause in May, wiht Justice Jackson dissenting.
Following this,Judge chen ruled that noem’s repeal of the 2023 designation violated the Administrative Procedure Act,deeming it arbitrary and lacking justification. This ruling restored legal status to the roughly 350,000 Venezuelans covered by the 2023 designation, with many reapplying for work authorization.
However, the Trump administration, through Solicitor General D. John Sauer, appealed to the Supreme court, arguing that lower courts were disregarding previous Supreme Court orders.Sauer contended that the situation represented a pattern of lower courts failing to respect the court’s emergency docket rulings.
The Supreme Court’s latest decision effectively reverses the restoration of TPS for the 2023 group and upholds the termination of protections for the 2021 group, which is set to expire in November.
A complicating factor remains: the Court’s prior decision stipulated that Venezuelans who have already received documentation verifying their TPS status or employment authorization are entitled to maintain it through October 2026. This creates a situation where some Venezuelans will retain TPS while others will lose it, a point highlighted by legal advocates as demonstrably arbitrary.
Advocates for TPS holders, including the national TPS Alliance and the National Day Laborer Organizing Network, argue the Trump administration has not demonstrated an emergency justifying the immediate cancellation of TPS. They further contend that DHS officials acted beyond their authority by revoking the protections with limited notice, violating established procedures. Jessica Bansal, an attorney representing the latter institution, stated that “Stripping the lawful immigration status of 600,000 people on 60 days’ notice is unprecedented” and “Doing it after promising an additional 18 months protection is illegal.”
