The U.S. Supreme Court has cleared the way for the government to proceed with ending Temporary Protected status (TPS) for some Venezuelan nationals.This decision impacts hundreds of thousands of individuals who have relied on TPS for protection from deportation.

Legal Challenge and dissent

A group of seven Venezuelan citizens, along with an organization representing others with TPS, challenged the government’s move. Their argument centered on the claim that the decision to end TPS was motivated by racial and political animus.

Justice Ketanji Brown Jackson was the sole dissenting voice on the Supreme Court.

Background on TPS Termination Efforts

The effort to end TPS for Venezuelans dates back to a previous administration. A former secretary of National Security, Kristi Noem, initiated the process. The implications are important: more than 300,000 venezuelans in the U.S. could lose their protected status. Furthermore, an additional 250,000 immigrants who arrived before 2023 also face the potential loss of their status.

Authority and Timing

A key legal question in the case revolved around whether Noem had the authority to terminate TPS before its scheduled expiration date.

Biden Administration’s Actions

The Biden administration initially granted TPS to Venezuelans in March 2021, citing increased instability in Venezuela. This protection was later extended in 2023. Just weeks before President Trump’s inauguration, the Biden administration renewed the protections for an additional 18 months. However, the recent Supreme Court action pertains specifically to the 2023 designation.

Plaintiffs’ Arguments

The Venezuelan immigrants challenging the TPS termination argued that the revocation violated administrative procedure laws. They contended that federal agencies must follow specific protocols when implementing policy changes. Additionally, they reiterated the claim that the decision was driven by racial and political bias.

Court Intervention

A Federal District Court in California temporarily blocked the TPS termination in late March. This intervention prevented the removal of protections for over 300,000 Venezuelans who were slated to lose them in early April.

Judicial Assessment of venezuela’s Situation

U.S. District Judge Edward Chen, an appointee of former President Barack Obama, offered a stark assessment of the conditions in Venezuela, describing it as a country so plagued by agitation and economic and political hazards that the State Department has warned against travel there due to the high risk of unfair detentions, terrorism, kidnappings, arbitrary application of local laws, crime, civil disturbances, civil disturbances and civil disturbances deficient.

TPS program Origins

The TPS program, created by Congress in 1990, allows the federal government to grant temporary protection to migrants from countries facing natural disasters, wars, or other conditions that would make their return risky. During the final days of the Trump administration, officials characterized Venezuela as experiencing the worst humanitarian crisis in the western hemisphere and provided a different form of temporary relief to some Venezuelan migrants.