In an emergency ruling on Monday, the Supreme Court sided with the Trump Administration, permitting the removal of legal safeguards for thousands of Venezuelan migrants, potentially exposing them to deportation.
The ruling empowers the Administration to overturn a decision by former President Biden that broadened eligibility for Temporary Protected Status (TPS) for Venezuelans. TPS provides foreign nationals with work permits, shields them from deportation, and allows them to travel.
Venezuelans’ eligibility for TPS was initially set to expire in October 2026, following an extension of the 2023 Venezuela TPS designation by former Homeland Security Secretary Alejandro Mayorkas. However, in February, current Homeland Security Secretary Kristi Noem sought to revoke that extension, aiming to terminate the protections this October instead.
A federal judge in San Francisco had previously blocked the Administration from ending TPS for Venezuelans in a March decision. However, the Supreme Court issued a stay on Monday, allowing the Administration’s new policy to take effect while the legal battle over the decision continues in lower courts.
More than individuals in the U.S. currently hold TPS. It’s important to note that this status does not provide a direct path to citizenship.
TPS designations are in place for more than , encompassing countries such as Haiti and Nicaragua. Secretary Noem also took steps in March to rescind TPS protections for Afghanistan.
Justice Ketanji Brown Jackson expressed her dissent, stating that she would have rejected the application.
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