In a recent legal development, lawyers representing Venezuelan citizens residing in the United States under Temporary Protected Status (TPS) have submitted a plea to the Supreme Court, urging the justices to uphold an existing federal court order protecting their status. The plea aims to maintain the order issued by Judge Edward Chen of the U.S. District Court in San Francisco, which currently prevents the Trump administration from terminating their TPS designation.
The TPS program, established by Congress in 1990, allows citizens from designated countries to live and work in the United States if their home country faces “extraordinary and temporary conditions,” such as natural disasters or armed conflicts. In 2021, then-DHS Secretary Alejandro Mayorkas designated Venezuela under TPS, with subsequent redesignations and extensions announced to ensure continued protection for Venezuelan nationals.
However, under the Trump administration, DHS Secretary Kristi Noem moved to end the 2023 designation and the 2025 extension of TPS for Venezuelans. This prompted legal action from the National TPS Alliance and several Venezuelan TPS holders who argued that such actions violated federal law and were based on racial bias, citing Noem’s derogatory remarks toward TPS holders. This led to Judge Chen’s decision to temporarily block Noem’s actions, labeling them as “unprecedented” and biased.
Despite this, an earlier Supreme Court order had placed a hold on Chen’s blocking order. When the matter returned to the lower courts, Chen reaffirmed his stance in a September 5 ruling, which the U.S. government sought unsuccessfully to stay at the Ninth Circuit. The Circuit court, however, upheld Chen’s decision on the basis that the Supreme Court’s previous decision did not consider the fully developed record available now.
The Trump administration, represented by U.S. Solicitor General D. John Sauer, is seeking intervention from the Supreme Court once more, arguing that the recent lower court rulings defy the hierarchical structure established by federal precedent. In their defense, the Venezuelan group asserts that current litigation remains valid and that Chen’s final judgment reiterates a materially distinct claim requiring Supreme Court reevaluation. More information can be found in the court filings and case history detailed online.