Supreme Court Allows Suspension of TPS for Venezuelans

On Monday, the U.S. Supreme Court decided to permit the Trump administration to terminate the temporary protected status (TPS) for roughly 350,000 Venezuelans currently residing in the U.S. This ruling came after the court granted a request from the Department of Justice to pause orders from U.S. District Judge Edward Chen, who is based in San Francisco.

Judge Chen had previously responded to legal challenges from TPS recipients and advocacy groups, like the national TPS Alliance, arguing that Venezuela remains a perilous environment.

With Trump’s anticipated return to the presidency in January, he has made promises to deport many immigrants living in the U.S. illegally and has taken steps to revoke temporary legal protections for some, expanding the number of individuals who could face deportation.

The TPS program is intended for individuals from countries grappling with war, natural disasters, or other crises, granting them deportation protection and work permits while in the U.S. The program can be renewed at the discretion of the Secretary of Homeland Security.

Under the Biden administration, Venezuela was designated for TPS on two occasions: in 2021 and again in 2023. In January, after Trump’s inauguration, the Biden administration had extended the program through 2026.

However, Trump’s appointee, Kristi Noem, has sought to revoke this extension and put an end to the TPS status for some Venezuelans who benefited from the designation in 2023. The Department of Homeland Security reported that approximately 348,202 Venezuelans were covered by this designation.

Judge Chen determined that Noem’s actions violated federal laws regarding agency procedures. He also criticized the reasoning behind the revocation, suggesting it relied on “negative stereotypes” by implying that Venezuelan immigrants are criminally inclined.

Chen remarked, “The broad generalization of criminality to the entire TPS population from Venezuela is a baseless, racist assertion based on false stereotypes.” He added that holders of TPS from Venezuela are statistically more likely to have a bachelor’s degree and are less likely to engage in criminal activity compared to the general U.S. populace.

On April 18, a U.S. Circuit Court of Appeals in San Francisco declined the administration’s request to stay the judge’s order.

Lawsuits presented by the Justice Department emphasized that Chen had usurped the immigration policy control from the Trump administration, arguing that the court’s directives postpone critical administrative privileges and delay important policy decisions in immigration, which is a sector Congress recognizes as flexible and dynamic.

One plaintiff told the Supreme Court that these changes would effectively strip work permits from around 350,000 individuals and send them back to unsafe conditions, leading to significant economic losses throughout the nation.

Meanwhile, the State Department is advising against travel to Venezuela due to issues like illegal detentions, terrorism, local law enforcement unpredictability, crime, civil unrest, and inadequate health infrastructure.

The Trump administration, in April, had already ended TPS for many Afghans and Cameroonians in the U.S., though these actions are not connected to the ongoing case.