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The Supreme Court of the United States authorized the government on Monday to revoke Temporary Protected Status (TPS) for approximately 350,000 Venezuelans, which could pave the way for deportation proceedings for thousands of migrants.
According to the agency AP, the ruling suspends a previous decision by a federal judge in San Francisco that upheld TPS for Venezuelans, which was set to expire last month. The measure was approved with one dissenting opinion within the highest court.
TPS is a legal mechanism that allows citizens of countries affected by civil conflicts or natural disasters to stay and work legally in the United States, even if they do not have any other type of immigration status.
The Supreme Court's decision revitalizes the immigration agenda initiated during the administration of President Donald Trump, which had aimed to eliminate TPS for several countries, including Venezuela, Haiti, and Nicaragua.
Although the ruling does not involve an immediate deportation, it jeopardizes the immigration stability of thousands of Venezuelan families who have established their lives in the United States under this program.
In parallel, the government also requested the Supreme Court to terminate the humanitarian parole program that benefits hundreds of thousands of migrants from Cuba, Haiti, Nicaragua, and Venezuela, a measure that could likewise leave thousands of individuals vulnerable to deportation, reported AP.
The court has also been involved in other legal disputes, such as the government's attempts to quickly deport Venezuelans accused of ties to gangs, using an old wartime law known as the Alien Enemies Act.
According to NBC News, the Supreme Court addressed an emergency request filed by the Donald Trump administration to revoke the expansion of TPS that was approved in the final months of Joe Biden's term, which protected over 300,000 Venezuelans.
The dispute revolves around a later designation of TPS made in October 2023, which was extended in January of this year, just before Trump resumed power. This protection was set to expire in October 2026, but the new action would allow it to lapse this year.
In February, Secretary of Homeland Security Kristi Noem ordered the cancellation of that extension, which led a federal judge in California, Edward Chen, to block the measure, arguing that it could be driven by racial animus. Chen also warned that those affected faced a "possible imminent deportation."
The government responded, through Attorney General D. John Sauer, that Noem's decision was not subject to judicial review, which was ultimately temporarily upheld by the Supreme Court, with a single dissent from Justice Ketanji Brown Jackson.
Recently, the administration of President Donald Trump filed an emergency appeal with the Supreme Court of the United States in order to overturn a court ruling that prevents the early cancellation of the humanitarian parole program, which grants temporary legal status to over 500,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela.
The program, established during the administration of President Joe Biden, allowed individuals from these countries to enter the U.S. by air with financial backing and legally reside for two years with work authorization; however, it was one of the first programs reversed by Trump upon taking office.
In March, a federal judge in California
This decision represented a significant relief for Venezuelan migrants who faced the risk of deportation starting in April.
The measure automatically extended the validity of work permits (EAD) issued under categories A12 or C19, with expiration dates of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022.
Frequently Asked Questions about the TPS Revocation for Venezuelans in the U.S.
What is Temporary Protected Status (TPS) for Venezuelans?
The TPS is a legal mechanism that allows citizens from countries affected by civil conflicts or natural disasters to remain and work legally in the United States. This status does not provide a pathway to citizenship, but it offers temporary protection against deportation and work permits to its beneficiaries.
What decision did the United States Supreme Court make regarding TPS for Venezuelans?
The Supreme Court authorized the government to revoke TPS for about 350,000 Venezuelans. This decision could lead to deportation proceedings for thousands of migrants, reigniting the immigration agenda of the Trump administration.
How does this decision affect Venezuelan families in the U.S.?
The Supreme Court's decision jeopardizes the migratory stability of thousands of Venezuelan families who have built their lives in the United States under the TPS. Although it does not lead to immediate deportation, it does increase uncertainty about their future in the country.
What arguments are presented in the lawsuits against the revocation of TPS?
Immigrant rights organizations have argued that the cancellation of TPS exposes beneficiaries to dangerous conditions in Venezuela and that the decision is motivated by racial prejudice. Furthermore, they assert that the measure is arbitrary and contrary to the Administrative Procedure Act (APA).
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