Trump Administration Urges SCOTUS to End Protective Status for Venezuelan Migrants

President Donald Trump has appealed to the Supreme Court to revoke temporary protected status (TPS) for approximately 350,000 Venezuelan migrants residing in the United States. This move follows a ruling by Senior U.S. District Judge Edward Chen, who blocked Homeland Security Secretary Kristi Noem from rescinding protections for these individuals.

The Justice Department has criticized the ruling, arguing that it undermines U.S. immigration policy. U.S. Solicitor General John Sauer emphasized that the court’s decision hampers executive authority and delays critical immigration policy decisions. “It contravenes fundamental executive branch prerogatives,” Sauer stated in a recent court filing.

TPS is designated for nationals from countries facing danger that makes deportation unsafe. Venezuelans represent the largest group benefiting from this status in the U.S. Former President Joe Biden had previously extended TPS for Venezuelans by 18 months before Noem rescinded it in February, impacting nearly 350,000 migrants.

This decision prompted a lawsuit from Venezuelan migrants and the National TPS Alliance, which contended that Noem’s actions were both unlawful and racially motivated. Notably, Noem had previously referred to Venezuelan immigrants in derogatory terms during a Fox News interview.

Judge Chen remarked on Noem’s comments, indicating they reflected a negative stereotype about Venezuelan TPS holders. In his March ruling, he noted, “Acting on the basis of a negative group stereotype is the classic example of racism.”

The Trump administration, however, maintained that Noem’s remarks did not suggest racial bias and that context was critical. The White House expressed concern that upholding the ruling could have wide-ranging implications for immigration initiatives. Sauer warned that such a finding could undermine any related efforts by the Trump administration.

As the Ninth Circuit declined to block Chen’s ruling, the Supreme Court has requested responses from the affected migrants by May 8, the day before Noem’s termination of TPS was set to take effect.