The Trump administration is fighting to end amnesty for over 300,000 Venezuelan migrants. On Thursday, U.S. Solicitor General Dean John Sauer filed an emergency appeal with the Supreme Court. The move challenges a federal judge’s ruling that blocked the termination of Temporary Protected Status (TPS) for these migrants.
Breitbart reported that the appeal targets a decision by U.S. District Court Judge Edward Chen in California. In late March, Chen ruled to maintain TPS protections, arguing that Venezuelan migrants significantly boost the U.S. economy.
Sauer’s filing contends that Chen’s order oversteps judicial authority and hampers executive power.TPS allows certain migrants to live and work legally in the U.S. during crises in their home countries.
Former DHS Secretary Alejandro Mayorkas had extended TPS for about 850,000 migrants until 2026. However, in February, DHS Secretary Kristi Noem moved to revoke TPS for thousands of Venezuelans.
Noem’s decision aimed to end TPS protections by April. Chen’s ruling halted this, citing the migrants’ economic contributions, including high education levels and labor participation. Sauer argued that such judicial interference undermines the administration’s immigration policy.
“The district court’s reasoning is untenable,” Sauer told the Supreme Court. He emphasized that TPS involves sensitive executive judgments tied to foreign policy. The administration believes these decisions should not be dictated by courts.
Chen noted that 40-54% of Venezuelan migrants hold bachelor’s degrees. He also highlighted their 80-96% labor participation rates, driven by their younger average age. These factors, he argued, make them vital to the U.S. economy.
According to Chen, Venezuelan migrants contribute billions annually to the economy. They also pay hundreds of millions, if not billions, in Social Security taxes. This economic argument underpinned his decision to block TPS termination.
Sauer countered that Chen’s ruling forces the DHS to keep migrants against national interests. “So long as the order is in effect, the secretary must permit hundreds of thousands of Venezuelan nationals to remain,” he said. He argued this overrides the administration’s reasoned policy choices.
The inclusion of Tren de Aragua gang members among TPS recipients has raised concerns. The administration views their presence as a threat to public safety. Ending TPS, they argue, would allow for stronger immigration enforcement.
Sauer’s appeal underscores the administration’s push for executive control over immigration. He described TPS as a discretionary program tied to national security and foreign relations. Courts, he argued, should not interfere with such decisions.
Chen’s ruling reflects a broader judicial trend of challenging Trump’s immigration policies. The administration sees this as an overreach by activist judges. They believe the Supreme Court must restore balance to immigration authority.
The outcome of this appeal could reshape TPS policy. If the Supreme Court sides with Sauer, TPS protections for Venezuelans could end swiftly. This would align with the administration’s tougher stance on immigration.
For over 300,000 Venezuelans, the stakes are high. Losing TPS would strip their legal status, forcing many to leave or face deportation. The administration argues this is necessary to prioritize American workers and security.
Critics of Chen’s ruling argue it prioritizes economic metrics over sovereignty. They contend that unchecked migration strains public resources and undermines working-class communities. The administration’s appeal seeks to address these concerns head-on.