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Supreme Court Again Lets Trump End TPS Protections for Venezuelans

The unsigned stay revives DHS’s plan to terminate protections for Venezuelans pending further litigation.

Overview

  • The order pauses U.S. District Judge Edward Chen’s Sept. 5 ruling that found Secretary Kristi Noem acted unlawfully in ending TPS and flagged her statements as discriminatory.
  • The majority referenced its similar May action in the case, with Justices Sonia Sotomayor and Elena Kagan saying they would deny relief and Justice Ketanji Brown Jackson issuing a sharp dissent on the emergency docket.
  • The decision allows the administration to move ahead with ending work authorization and deportation protections for more than 300,000 Venezuelans, according to the filings.
  • The administration contended that courts cannot review the homeland security secretary’s TPS judgments and accused lower courts of disregarding the Supreme Court’s earlier order.
  • Plaintiffs and advocates reported job losses, detentions and deportations after the prior stay, and the underlying challenges under the Administrative Procedure Act continue in the Ninth Circuit.