The U.S. Supreme Court on Monday paved the way for deportation by allowing President Donald Trump’s administration to revoke the temporary protected status (TPS) granted to hundreds of thousands of Venezuelan immigrants.
The court overturns the March order of a San Francisco-based district judge and blocks the Homeland Security Secretary’s decision to remove temporary protected status from around 348,000 Venezuelans as part of Trump’s crackdown on immigrants.
The Trump administration has justified deportation against allegations that some Venezuelans are gang members, but has provided no evidence to support that claim.
There are details about what happened.
What is a temporary protected status?
TPS awards people who live in relief from deportation when their country is affected by extraordinary circumstances such as armed conflicts or environmental disasters. Individuals who have been granted TPS cannot be deported, can obtain employment approval documents and can grant travel approval. TPS holders cannot be detained in the United States for immigration status.
This period is granted in increments from 6 months to 18 months. However, this may be updated, sometimes for up to decades. The US Department of Homeland Security (DHS) Secretary can grant TPS to people in certain countries.
Countries currently designated as TPS include Afghanistan and Myanmar, formerly known as Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Sudan, Syria, Ukrain, Venezuela and Emmen.
The program was enacted under President George H.W. Bush in the 1990s after immigrants from El Salvador arrived in the United States and fled the civil war. TPS does not grant a path to US citizenship.
Former President Biden expanded the program and gave TPS to individuals in Afghanistan, Cameroon, Ethiopia, Lebanon, Myanmar, Ukraine and Venezuela.
Venezuela was recognized for TPS in 2021 by the Biden administration. He also expanded the eligibility of TPS for people in other countries, including Haiti. In 2020, there were TPs in 10 countries. By the end of Biden’s inauguration, around 17 countries were eligible.
How many people will this affect?
The Supreme Court decision applies to a group of Venezuelans who arrived in the United States in 2023. This means that 348,202 Venezuelans living in the United States are affected by this, registered in former President Biden’s 2023 designation. Near the end of Biden’s term, US officials renewed the status of these individuals until October 2026.
Economic and political turmoil has driven around 8 million Venezuelans out of their country since 2014, according to the United Nations. The economic crisis was partially exacerbated by President Nicolas Maduro’s US sanctions on the government.
What did the Trump administration do?
There are approximately 600,000 Venezuelans in the United States with TPS. Shortly after Trump took office in February, NOEM cancelled the TPS granted by the TPS in 2021 at 348,202.
NOEM justified its withdrawal due to gang membership and “negative effects on American workers.” The DHS said the Biden administration granted TPS to “gang members” and “known terrorists and murderers” without evidence.
The remaining nearly 600,000 Venezuelans have a TPS, which was granted in 2021 and is expected to expire in September. This means that NOEM will decide whether to cancel their status by July.
Noem has revoked the TP granted to 521,000 Haitians, 14,600 Afghans and 7,900 Cameroonians. Cameroonians lost protection in June, Afghans in July and Haitians in August. Recent Supreme Court decisions do not apply to these individuals.
In response, alongside seven Venezuelan immigrants, he sued the Trump administration in San Francisco federal court in February, citing racism and prejudice. These plaintiffs are represented by UCLA’s Law School’s Center for Immigration Law and Policy, the ACLU Foundation in Southern California, and the National Network of Day Workers’ Organizations.
The San Francisco-based court blocked an attempt to strip Venezuelans of the protections they were granted in March. The judge described the characterization of immigration as criminals due to “racist smack.”
What did the Supreme Court do?
On Monday, the Supreme Court granted an emergency application filed by the Trump administration. This claimed to have only authority over immigration conflicts such as the Venezuelan TPS.
The ruling has not been signed, and the U.S. Supreme Court did not explain why it was on the side of the Trump administration. Both of these aspects are common regarding emergency appeals.
The court has a conservative majority of 6-3. The only justice who publicly opposed the verdict was the liberal justice Ketanji Brown Jackson. He criticized Trump’s attack on the judge. In 2022, Jackson was sworn in as the first black woman to work in a US top coat.
What was your reaction to this?
“The Scotus decision today is a victory for Americans and a safety for the community,” DHS posted on X.
“The Biden administration has used temporary protected status to prevent half a million people from MS-13 gang members to known terrorists and murderers from vetting immigration into the country.”
“This is the biggest single action to strip a group of non-citizens of immigration status in modern American history,” said Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law and one of Venezuelan immigration lawyers.
“Venezuelans are facing extreme oppression, arbitrary detention, extrajudicial killings and torture,” Rep. Pramila Jayapal said in a statement on Monday.
“Poverty levels are rising rapidly, and essentials like electricity, water, and healthcare are rare. The dire situation in Venezuela makes it clear that this is the very type of situation that requires TPS to be provided.”