US Supreme Court Allows Trump Administration to End TPS for Venezuelans

by Lawrence J. Tjan | May 19, 2025
Venezuelan advocates holding signs during a protest calling to restore temporary protected status (TPS) for Venezuelans. Photo Source: Joe Raedle/Getty Images via npr.org

The U.S. Supreme Court has allowed President Donald Trump's administration to end temporary protected status (TPS) for hundreds of thousands of Venezuelans living in the United States, reversing protections established by President Joe Biden. In an unsigned emergency order issued on Monday, the Court lifted a lower court's injunction that had blocked the termination while legal appeals continued.

The ruling allows Homeland Security Secretary Kristi Noem, appointed by Trump, to rescind the TPS designation for approximately 348,202 Venezuelans, initially set to expire in October 2026. TPS is a humanitarian program granting deportation protection and work authorization to immigrants from countries experiencing severe crises such as war, natural disasters, or other emergencies.

Justice Ketanji Brown Jackson was the only justice publicly dissenting from the Court's brief two-paragraph order. The Supreme Court’s conservative majority did not elaborate on their reasoning.

The Department of Justice argued successfully that a San Francisco federal judge, Edward Chen, had improperly intervened in immigration policy decisions, undermining the executive branch's discretion in immigration matters. Chen previously ruled that the administration violated federal procedures when terminating the TPS, characterizing the government's rationale as unfounded and tinged with racial bias.

Immigration advocates swiftly condemned the Supreme Court's decision. Ahilan Arulanantham, a co-director at a UCLA immigration law center representing some plaintiffs, called the order "truly shocking," emphasizing the unprecedented scale of stripping immigration protections.

Affected Venezuelans expressed anxiety and uncertainty over their futures. Maria Rodriguez, a TPS holder residing in Orlando with her family, described feeling "defenseless" and "vulnerable." Reinaldo Alvarado, another TPS holder in Texas, voiced fears of imminent deportation, considering relocating to Spain for safety.

Trump's administration has aggressively pursued restrictive immigration policies, pledging to deport record numbers of undocumented immigrants. This latest action follows recent decisions terminating TPS for Afghans and Cameroonians as well.

However, the Supreme Court did indicate migrants might still challenge the termination if Trump's administration attempts to revoke work permits or other TPS-related documents prematurely before their original 2026 expiration. Advocates assert that ending TPS would severely disrupt lives and generate substantial economic losses nationwide.

In a separate ruling last week, the Supreme Court blocked the Trump administration from deporting Venezuelans under the 1798 Alien Enemies Act, citing insufficient legal process for those targeted. The government had accused these individuals of connections to Tren de Aragua, a criminal gang designated as a terrorist group by the State Department.

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Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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