The Justice Department filed for an emergency application requesting the Supreme Court to overturn a ruling by a federal judge, which stated that Homeland Security Secretary, Kristi Noem, did not have the authority to end the Temporary Protected Status (TPS) program for Venezuelans.
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“So long as the district court’s order is in effect, the secretary must permit over 300,000 Venezuelan nationals to remain in the country, notwithstanding her reasoned determination that doing so even temporarily is ‘contrary to the national interest.’” according to the Justice Department’s filing.
Previously, the Supreme Court sided with the administration in May, allowing the lifting of a temporary order from the San Francisco US judge Edward Chen, which had previously halted the TPS termination process.
Chen’s final ruling on September 5 found that Noem’s attempt to terminate the TPS program violated federal law governing federal agencies.
Trump has made cracking down on both legal and illegal immigration a priority in his term and has sought to remove certain migrants from temporary legal protections, thereby increasing the number of potential deportees.
The TPS program offers protection from deportation and work permits to individuals from countries affected by conflict, natural disaster, or other crises.
Biden designated Venezuela for TPS in 2021 and extended the status again in 2023. Just before Trump returned to office, Biden’s administration announced the continuation of this status.
Noem revoked the extension and sought to end TPS for Venezuelans who had benefited from the 2023 designation.
“This case is familiar to the court and involves the increasingly familiar and untenable phenomenon of lower courts disregarding this court’s orders on the emergency docket,” the Justice Department told the Supreme Court in their application.
In recent weeks, some lower courts have shown confusion and frustration in their efforts to follow Supreme Court emergency orders, which sometimes lack clear reasoning.
Source: https://www.theguardian.com/us-news/2025/sep/19/trump-tps-immigration-venezuela