Trump Administration Appeals Court Decision on Venezuelan TPS

On Thursday, the Trump administration returned to the Supreme Court, requesting the justices’ intervention to revoke the protected status currently afforded to many Venezuelan nationals residing in the United States. This appeal follows a ruling by Senior U.S. District Judge Edward Chen, which upheld their protections under the Temporary Protected Status (TPS) program.

Background on Temporary Protected Status (TPS)

The TPS program, established by Congress, allows certain foreign nationals to remain in the U.S. when returning to their home countries is deemed unsafe due to natural disasters, armed conflicts, or other critical conditions. The Secretary of Homeland Security has the authority to terminate a TPS designation when those conditions are no longer met.

In 2021, Alejandro Mayorkas, the Secretary of Homeland Security at the time, designated Venezuela for TPS, a decision that has since been extended.

Legal Proceedings and Current Status

The focal point of the current legal debate is the planned termination of TPS for Venezuelans by Secretary Kristi Noem, set for February 1, 2025. Following this announcement, a group of Venezuelan nationals and an advocacy organization filed a lawsuit in federal court in San Francisco to challenge the proposed elimination of their protected status.

On March 31, Judge Chen granted a temporary injunction against Noem’s decision, describing her attempts to rescind the TPS designation as “unprecedented” and influenced by negative stereotypes regarding Venezuelan migrants.

Government’s Stance

Solicitor General D. John Sauer emphasized the government’s position, arguing that the court’s actions interfere with executive branch control over immigration policies. He contended that the TPS statute explicitly limits judicial review of the Secretary’s decisions, asserting that Chen’s ruling unfairly constrains Noem’s authority and compels her to allow continued residency for Venezuelans, contrary to her assessment of national interest.

Next Steps in the Legal Battle

In a further development, the U.S. Court of Appeals for the Ninth Circuit declined the administration’s request to pause Chen’s order pending appeal. This prompted Sauer to seek immediate relief from the Supreme Court.

The Supreme Court has asked TPS beneficiaries to submit their responses to the government’s motion by 5 p.m. on May 8, as the legal proceedings continue.

Source link