The U.S. Supreme Court approved a request from the Trump administration on Monday to move forward with ending special immigration protections for thousands of Venezuelans, potentially opening the door for their deportation. The high court will permit the Trump administration to move forward with terminating the Temporary Protected Status (TPS) program for nearly 350,000 Venezuelan migrants
The court granted the Justice Department’s emergency appeal to lift San Francisco-based U.S. District Judge Edward Chen’s order that had halted Homeland Security Secretary Kristi Noem’s decision to terminate the deportation protection conferred to Venezuelans under the TPS program. The court’s brief order was unsigned, as is typical when the justices act on an emergency request. Liberal Justice Ketanji Brown Jackson was the sole member of the court to publicly dissent from the decision. Legal proceedings will now continue in lower federal courts.
TPS was established by Congress in 1990, and provides temporary refuge to people from countries facing severe crises such as armed conflict, natural disasters, or other extraordinary conditions. Individuals granted TPS are allowed to live and work legally in the United States for up to 18 months at a time, with the possibility of renewal. The Biden administration designated Venezuela for TPS due to its ongoing political and humanitarian turmoil in March 2021.
The legal challenge focused on a subsequent extension of Venezuela’s TPS designation issued in October 2023 and renewed again in January 2024, just before Trump returned to office. That extension was intended to last until October 2026. However, in February, Homeland Security Secretary Kristi Noem moved to revoke that extension, aiming to end the protections much sooner—by the end of this year.
In the emergency petition to the Supreme Court, Solicitor General D. John Sauer argued that Noem’s decision was not subject to judicial oversight, writing that “his ruling interferes with core executive branch powers and unnecessarily delays urgent immigration policy decisions in an area where Congress has demanded speed, adaptability, and discretion.”
The Biden administration also established or expanded TPS programs for countries including Afghanistan, Cameroon, Haiti, and Ukraine. The Venezuelan TPS program is the largest, covering roughly 600,000 people through two separate designations, though only the most recent extension from 2023 is currently contested before the Supreme Court.
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