In a recent legal development, the Trump administration has petitioned the Supreme Court to direct the U.S. Court of Appeals for the 9th Circuit to reconsider its judgment regarding the termination of Temporary Protected Status (TPS) for Venezuelan and Haitian nationals. This action, stemming from a filing by U.S. Solicitor General D. John Sauer, seeks to challenge the previous decision by the then-Secretary of Homeland Security Kristi Noem to terminate these protections.
The TPS program, a humanitarian initiative established to allow foreign nationals to remain and work in the United States when they cannot safely return to their home countries, was invoked for Venezuelans in 2021 by then-Secretary Alejandro Mayorkas and later extended through October 2026. Mayorkas cited a “severe humanitarian emergency” arising from the “severe political and economic crisis” in Venezuela as the basis for these decisions.
For Haiti, the TPS designation was initially granted in 2010 by then-Secretary Janet Napolitano following a catastrophic earthquake that caused significant loss of life and damage to infrastructure. This status has been extended several times in response to ongoing challenges in the country.
Secretary Noem’s decision to end the TPS designations for these nations was contested in federal court, resulting in U.S. District Judge Edward Chen setting aside her rulings. This decision was upheld by the 9th Circuit, prompting the Trump administration’s current appeal. The Supreme Court had previously paused Chen’s order concerning Venezuela, allowing some room for deportation of TPS beneficiaries while the legal process continued.
The petition to the Supreme Court is based on the justices’ recent decision in Mullin v. Doe, in which the Court found that the legal framework creating TPS restricts judicial review of non-constitutional claims concerning the Secretary of Homeland Security’s designations. The Trump administration contends that this ruling should prompt the 9th Circuit to reassess its conclusion, potentially reversing its stance which had previously been in favor of the TPS holders.
The response from the challengers is anticipated by August 12, setting the stage for further legal scrutiny over the fate of Venezuelan and Haitian nationals under the TPS program. For further details, refer to Amy Howe’s coverage on SCOTUSblog.