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Trump Administration Seeks Supreme Court Order to End TPS for 300,000 Venezuelans

Lower-court injunctions keep protections for about 300,000 Venezuelans after judges deemed the DHS termination arbitrary and capricious.

Overview

  • The Justice Department filed an emergency application asking the Supreme Court to lift district and Ninth Circuit orders that halted the end of Temporary Protected Status for Venezuelans.
  • Homeland Security Secretary Kristi Noem moved earlier this year to terminate the designation before its scheduled expiration, prompting lawsuits from TPS beneficiaries.
  • U.S. District Judge Edward Chen and a Ninth Circuit panel blocked the policy, finding the agency’s reversal failed Administrative Procedure Act standards as arbitrary and capricious.
  • The administration argues continued protection is contrary to the national interest and warns of a migration pull effect, while contending lower courts ignored the Supreme Court’s prior emergency order.
  • In May the justices allowed termination to proceed without a written explanation, intensifying debate over the Court’s emergency rulings; TPS protections remain in place while the Court considers the new request.