The Trump administration is fighting to end deportation protections for over 600,000 Venezuelans, taking the battle to the Supreme Court. The move reflects a commitment to restoring order and sovereignty in immigration policy, challenging what many see as overreach by activist judges.
The Hill reported that the administration filed an application Thursday to overturn a federal judge’s ruling that blocked ending Temporary Protected Status (TPS) for Venezuelans. TPS shields immigrants in the U.S. from deportation when their home countries face dangerous conditions.
In January, Homeland Security Secretary Kristi Noem vacated a TPS renewal for Venezuelans in recognition of the blatant inaccuracy of such a designation.
She argued the protections hinder U.S. foreign policy, especially negotiations with Venezuela. Her blunt style, calling migrants “dirtbags” in an interview, sparked fierce backlash from critics.
U.S. District Judge Edward Chen in San Francisco halted the administration’s plan on March 31. He ruled the decision was tainted by racial bias and ignored proper procedures. Chen’s order has kept TPS intact for now, frustrating the administration’s agenda.
The National TPS Alliance and seven Venezuelan TPS holders are suing, claiming the policy shift was discriminatory.
They argue the administration failed to review Venezuela’s dire conditions, like political chaos and shortages of food and medicine. The lawsuit has fueled a broader legal showdown.
Former Homeland Security Secretary Alejandro Mayorkas had granted TPS to Venezuelans, citing a humanitarian crisis. He pointed to Venezuela’s economic collapse, human rights abuses, and rampant crime. That designation allowed many to remain in the U.S. legally.
The Trump administration contends that courts shouldn’t meddle in TPS decisions, which it calls unreviewable. Solicitor General D. John Sauer argued that judicial interference disrupts foreign policy. He warned that delays could weaken U.S. leverage in talks with Venezuela.
Sauer criticized Chen’s ruling as judicial overreach, accusing it of defying executive authority. He urged the Supreme Court to act swiftly to restore the administration’s control. The application stresses that TPS was meant to be temporary, not a backdoor to permanent residency.
Judge Chen defended his ruling, noting Venezuelan TPS holders have lower crime rates than the general U.S. population. He found no link between them and criminal gangs like Tren de Aragua. Chen called generalizations about their criminality baseless and rooted in stereotypes.
The 9th U.S. Circuit Court of Appeals upheld Chen’s order, prompting the Supreme Court appeal. A three-judge panel refused to lift the injunction, leaving the administration’s plans in limbo. This standoff highlights tensions between judicial and executive powers.
Supreme Court Justice Elena Kagan, who handles 9th Circuit appeals, ordered plaintiffs to respond by the following Thursday. She could decide the matter alone or refer it to the full court. Her role adds another layer to this high-stakes case.
The Justice Department has filed 12 emergency applications since Trump took office, signaling an aggressive legal strategy.
Other cases, like birthright citizenship and transgender troop bans, are also before the court. This flurry of appeals reflects the administration’s bold approach.
The TPS fight is part of the administration’s broader immigration crackdown, rooted in national sovereignty. Supporters argue that unchecked immigration strains resources and undermines American workers. They see the Supreme Court appeal as a stand against progressive overreach.