The Trump administration has requested the Supreme Court to allow the removal of protections for hundreds of thousands of Venezuelan immigrants who have been permitted to stay in the United States under the Temporary Protected Status (TPS) program.
In February, Kristi Noem, the Secretary of Homeland Security, ended an 18-month extension of TPS that had been granted to Venezuelans by the Biden administration. Affected individuals have filed a lawsuit, claiming that the termination violated administrative procedures and was influenced by racial bias.
In March, Judge Edward M. Chen of the Federal District Court in San Francisco issued a ruling blocking the administration's attempt to revoke these protections while the case is ongoing. He stated that the plaintiffs were likely to succeed in proving that Noem's actions were “unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”
Judge Chen emphasized that ending the TPS initiative would cause irreparable harm to hundreds of thousands of individuals, disrupt lives and families, cost the U.S. billions in economic activity, and negatively impact public health and safety across the nation.
The U.S. Court of Appeals for the Ninth Circuit denied the administration's request to pause Judge Chen's ruling.
The Supreme Court has previously addressed several emergency applications related to the Trump administration's immigration policies. In one instance, the court mandated the administration to facilitate the return of Kilmar Armando Abrego Garcia, who had been mistakenly sent to El Salvador. In another case, the justices temporarily halted the removal of certain Venezuelan immigrants under the Alien Enemies Act.
The court is also scheduled to hear arguments on May 15 regarding the scope of three rulings that block an executive order aimed at eliminating birthright citizenship.
The TPS program, established by Congress and signed into law by President George H.W. Bush, allows migrants from countries experiencing national disasters, armed conflicts, or other extraordinary instability to live and work legally in the U.S.
President Trump has sought to end protections under this program as part of his campaign promise to deport millions of immigrants. His actions could have affected nearly 350,000 individuals in early April and potentially hundreds of thousands more later this year.
In the administration's emergency application, Solicitor General D. John Sauer argued that the law governing the TPS program explicitly prohibits judicial review of executive decisions regarding the designation or termination of a foreign state's status. He contended that this provision did not prevent Judge Chen from determining whether Noem was authorized to revoke the protections.
Sauer also criticized the breadth of Judge Chen's ruling, stating that it undermined the Secretary's assessment of national interest, an area he claimed is beyond the district court's jurisdiction. He urged the justices to act swiftly, noting that prolonged litigation would hinder the president's ability to enforce a key aspect of his immigration policy.
The court has ordered the challengers to respond to the application by May 8.