The Trump administration has once again turned to the U.S. Supreme Court in its ongoing efforts to terminate the Temporary Protected Status (TPS) for Venezuelan nationals residing in the United States. This legal maneuver aims to overturn a previous ruling by Senior U.S. District Judge Edward Chen, which had blocked the government’s attempt to end the TPS designation, a move made by Kristi Noem, the Secretary of Homeland Security as of February 1, 2025.
Judge Chen’s order was a response to a lawsuit filed by Venezuelan nationals and organizations advocating for TPS recipients. Chen described Noem’s action as “unprecedented” and suggested it was informed by “negative stereotypes” about Venezuelans. Subsequently, the U.S. Court of Appeals for the 9th Circuit rejected the government’s plea to stay Chen’s decision during the appeal process, prompting Solicitor General D. John Sauer to seek an intervention from the Supreme Court.
The TPS program allows certain non-U.S. citizens to remain in the country if returning to their homeland would be unsafe due to circumstances like natural disasters or armed conflicts. In 2021, then-Secretary of Homeland Security Alejandro Mayorkas had granted TPS to Venezuelans, extending it due to continued instability in Venezuela. However, Secretary Noem moved to terminate this status, a decision met with legal challenges.
Sauer’s argument to the Supreme Court revolves around the assertion that the TPS statute provides the Secretary of Homeland Security with the sole discretion to designate or terminate a country’s TPS status, a decision that should be immune from judicial review. However, Judge Chen justified his decision to review the case under laws related to administrative agencies, leading to his “sweeping preliminary relief” that concluded Noem’s decision was potentially contrary to U.S. interests.
The Supreme Court has now instructed those benefiting from TPS to submit their response to the government’s request by 5 p.m. on May 8, maintaining a tight timeline in this high-stakes legal battle that could significantly impact the lives of hundreds of thousands of Venezuelan migrants.
For further details, the original report can be read at SCOTUSblog.