The United States Supreme Court has allowed the vacatur of temporary protection status (TPS) for 350,000 Venezuelans to go forward, marking a significant development in the ongoing legal battle known as NTPSA v. Noem. The Court’s decision to grant a stay provides a reprieve to the Department of Homeland Security’s move to vacate TPS for Venezuelans, initially authorized by then-Secretary Alejandro Mayorkas based on precarious conditions in Venezuela.
Current Department of Homeland Security Secretary Kristi Noem had issued a notice on February 3, 2025, vacating the January 2025 extension of TPS, asserting that the situation in Venezuela no longer met the criteria outlined under the Immigration and Nationality Act. This move was contested by the National TPS Alliance, who argued it was in breach of the Administrative Procedure Act and reflected racial bias, contrary to the protections guaranteed by the Fifth Amendment.
Initially, a US federal district court had put a hold on Secretary Noem’s vacatur notice. Following a rejection from the US Ninth Circuit Court of Appeals to stay the district court’s order, the administration sought relief from the Supreme Court. The Supreme Court’s stay will remain in effect pending a decision by the Ninth Circuit, yet shall automatically terminate if the Supreme Court declines to hear the case in the future or upon a conclusive judgment.
This decision impacts Venezuelans who received TPS in 2023 and its subsequent extension in January 2025. It is important to note, as reported in JURIST, that Secretary Noem’s notice does not extend to earlier TPS recipients, including those covered by Secretary Mayorkas’s 2021 immigration status designations. These proceedings remain an essential watchpoint for legal professionals specializing in immigration and administrative law.