President Donald Trump achieved a significant triumph at the Supreme Court, garnering support even from justices typically aligned with liberal views.
On Monday, the court annulled a lower court’s injunction that had barred the president from revoking the protected legal status of numerous migrants living in the United States, as reported by Fox News. T
he ruling was overwhelmingly in favor of the president’s position, with a vote of 8 to 1, the sole dissenting opinion being expressed by Justice Ketanji Brown Jackson, who was appointed by former President Joe Biden, according to Fox News.
The ruling paves the way for the Trump administration to proceed with its intentions to revoke Temporary Protected Status (TPS) for approximately 300,000 Venezuelan migrants residing in the United States, enabling the administration to initiate the immediate deportation of these individuals, as argued by the administration’s legal representatives.
Additionally, U.S. Solicitor General John Sauer stated before the Supreme Court this month that the lower court had exceeded its authority.
The reasoning of the district court is fundamentally flawed,” he stated, asserting that the program “involves particularly discretionary, sensitive, and foreign-policy-related judgments of the Executive Branch concerning immigration policy.
In a memo issued in February, Department of Homeland Security Secretary Kristi Noem rescinded the Temporary Protected Status, effective in April.
“On October 3, 2023, Venezuela was newly designated for Temporary Protected Status (TPS) due to extraordinary and temporary conditions that hinder the safe return of Venezuelan nationals. Following a review of the current conditions in the country and consultations with relevant U.S. Government agencies, the Secretary of Homeland Security has concluded that Venezuela no longer satisfies the criteria for the 2023 designation. It has been specifically determined that allowing the affected Venezuelan nationals to remain temporarily in the United States is not in the national interest. Consequently, the 2023 TPS designation for Venezuela is being revoked,” the memo indicated.
On March 9, 2021, Alejandro Mayorkas, who was the Secretary of Homeland Security at the time, designated Venezuela for Temporary Protected Status (TPS). This decision was made due to his assessment that there were ‘extraordinary and temporary conditions’ in Venezuela that made it unsafe for Venezuelan nationals to return. Furthermore, he concluded that allowing these individuals to remain temporarily in the United States aligned with the national interest of the U.S.
On September 8, 2022, Secretary Mayorkas announced an 18-month extension of the Venezuela 2021 TPS designation. Subsequently, on October 3, 2023, he further extended this designation for an additional 18 months, setting the expiration date to September 10, 2025.
Additionally, he designated Venezuela anew for 18 months, a move referred to as a ‘redesignation’ (Venezuela 2023 designation) with an expiration of April 2, 2025, resulting in two distinct and concurrent TPS designations for Venezuela. Refer to the Extension and Redesignation of Venezuela for Temporary Protected Status.
On January 17, 2025, Secretary Mayorkas issued a notice extending the 2023 TPS designation for Venezuela for another 18 months, based on his determination on January 10, 2025, that the conditions for this designation remained satisfied. The notice did not explicitly extend or terminate the 2021 Venezuela designation but facilitated a unified filing process for all eligible TPS beneficiaries from both designations, allowing them to secure TPS until the common extension date of October 2, 2026.
On January 28, 2025, Secretary of Homeland Security Kristi Nome rescinded Secretary Mayorga’s January 10, 2025 decision, reinstating the previous status. However, in March, U.S. District Judge Edward Chen of the Northern District of California intervened, halting Noemi’s initiative, stating that the characterization of migrants as potential criminals was unfounded and indicative of racism.