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2d ago

Trump Administration Asks Supreme Court to Allow End of TPS for Venezuelan Nationals

The emergency request challenges a federal injunction that blocked the termination of protections for 350,000 Venezuelans, citing executive authority over immigration policy.

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Demonstrators arrive in front of the US Supreme Court during the "Home Is Here" March for Deferred Action for Childhood Arrivals (DACA), and Temporary Protected Status (TPS) on November 10, 2019 in Washington D.C. - They begun a march from New York City to Washington DC, to the US Supreme Court. The Supreme Court is set to hear oral arguments regarding termination of the Deferred Action for Childhood Arrivals (DACA) policy on November 12. (Photo by Jose Luis Magana / AFP) (Photo by JOSE LUIS MAGANA/AFP via Getty Images)

Overview

  • The Trump administration has filed an emergency application with the Supreme Court to lift a lower court's injunction preventing the termination of Temporary Protected Status (TPS) for Venezuelan nationals.
  • The Department of Homeland Security argues that decisions regarding TPS are within the sole discretion of the executive branch and should not be subject to judicial review.
  • In March, U.S. District Judge Edward Chen ruled that DHS Secretary Kristi Noem likely violated the Administrative Procedure Act and acted with unconstitutional animus in her decision to revoke TPS.
  • The case marks the first time a U.S. administration has attempted to reverse a prior TPS designation, raising significant legal and humanitarian questions.
  • If the Supreme Court grants the request, DHS could begin deportation proceedings for approximately 350,000 Venezuelans currently protected under TPS.