The Supreme Court will allow the Trump administration to end the TPS program for the Venezuelans
Washington – The Supreme Court said on Monday that it will allow the Trump administration to end the temporary protection status program protecting approximately 350,000 Venezuelan migrants against the threat of expulsion while legal proceedings during the move continue.
The High Court has granted the administration's request to raise an injunction of a lower court for the moment which blocked the revocation by the Secretary of Internal Security, Kristi Noem, the temporary protected status program, or TPS, for the Venezuelans. Justice Ketanji Brown Jackson said she would refuse administration’s offer for emergency aid.
Noem completed the designation – which had been extended by the Biden administration – in February, a decision that would have paved the way for Venezuelans to lose their work permits issued by the government and the protections of deportations on April 7. But a federal judge in California blocked action At the end of March and said that his decision to terminate the TPS program for Venezuelan migrants seemed “based on negative stereotypes” and may have been motivated by an unconstitutional animus.
A federal court of appeal refused to relieve the urgency to the Trump administration and to suspend the order of the district court, leading the Trump administration to request the intervention of the Supreme Court.
“As long as the ordinance is in force, the secretary must allow hundreds of thousands of Venezuelan nationals to stay in the country, despite his reasonable determination that this is” contrary to the national interest “, wrote General D. John Sauer in the administration’s emergency call with the high court.
Tricia McLaughlin, Deputy Secretary of Public Affairs of the DHS, described the decision of the High Court of “victory for the American people and the security of our communities”.
In 1990, the Congress created the program which enabled the federal government to provide temporary immigration protections to migrants from countries with wars, natural disasters or other “extraordinary and temporary” conditions which made it dangerous to send deportees. The program allows beneficiaries to request renewable work permits and deportation reports.
During the Biden administration, the Security Secretary at the time, Alejandro Mayorkas, appointed Venezuela for the temporary protected status program, citing “extraordinary and temporary” conditions that prevented Venezuelans in the United States from returning to their country of origin. Mayorkas extended the designation, which takes place in 18 months, in October 2023.
In addition to appointing Venezuela for TPS, the Biden administration has also created or extended programs for Afghanistan, Cameroon, Haiti and Ukraine. The Venezuelan program is the largest and covers around 600,000 people thanks to two separate designations, although only the designation of 2023 is involved in the case before the Supreme Court.
After Mr. Trump took office for his second term, Noem canceled the extension of more than 350,000 Venezuelans, noting that it was “contrary to the national interest” to continue the program. The dismissal was to take effect on April 7.
The beneficiaries of the TPS and the National TPS Alliance filed a complaint in February contesting Noem's decision to put an end to the protections for the Venezuelans, and the judge of the American district Edward Chen judged in their favor, preventing the determination of the dismissal of Noem to take effect on a national level.
In a file to the Supreme Court, Sauer declared that the order of the District Court “had arrested control of the country's immigration policy far from the executive power and imposed the collection of the court”.
“The decision of the district court undermines the inherent powers of the executive power regarding immigration and foreign affairs,” he wrote, qualifying the injunction of the lower court of “poorly considered”.
But in response to the request, the lawyers for the TPS beneficiaries declared to the Supreme Court in a deposit Lifting the injunction of the district court would harm nearly 350,000 people who would immediately lose their right to live and work in the United States
“The stay of the district court order would cause much more harm than it would stop,” they wrote. “This would radically change the status quo, stripping the complainants of their legal status and obliging them to return to a country that the State Department always judges too dangerous even to visit.”
They declared that the status of TPS does not grant the secretary of internal security of the power to leave or cancel an extension, and the dismissals of Noem on the extensions of the TPS for Venezuela and Haiti were the first and second time that a secretary put an extension of the status.
The request for emergency reparation of the Trump administration is one of the more than a dozen implying the agenda of Mr. Trump's second mandate who landed before the Supreme Court, and one of the many involving his immigration plans.
The Supreme Court heard arguments May 15 at the Trump administration's request to restrict national injunctions blocking the application of an executive decree that seeks to finish Citizenship of the right of birth.
