Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
The Supreme Court on Friday permitted President Donald Trump’s administration to terminate temporary deportation protections for approximately 300,000 Venezuelan migrants, marking the second time the high court has allowed such a move. This decision grants the administration another victory in its objective to accelerate the removal of non-citizens from the United States, leaving those affected more susceptible to deportation.
Court’s Decision and Dissent
The ruling came in a brief order, with the court’s three liberal justices dissenting from the majority. The Trump administration had petitioned the justices earlier this month to allow it to retract the humanitarian relief, known as Temporary Protected Status (TPS), which had been extended to Venezuelans residing in the U.S.
This latest development follows a similar outcome in May, when the Supreme Court first sided with the administration on the issue. After that initial decision, a district court in California issued a more permanent ruling against the Trump administration, prompting a renewed emergency appeal that ultimately returned to the Supreme Court. The court noted in its order that “The same result that we reached in May is appropriate here,” despite changes in the case’s procedural posture.
Administrative Policy and Legal Challenges
Homeland Security Secretary Kristi Noem had initially moved to end TPS for Venezuelan migrants earlier this year, a decision challenged by migrant advocates. The challengers argued that Noem’s abrupt reversal violated the Administrative Procedure Act, which outlines specific procedures for federal agencies implementing policy changes, and was motivated by racial and political bias.
Justice Ketanji Brown Jackson penned a dissenting opinion, criticizing the court’s handling of the case. She viewed the decision as “yet another grave misuse of its emergency docket,” accusing the court of enabling the administration to “disrupt as many lives as possible, as quickly as possible.”
Background on Venezuelan TPS
The Biden administration initially granted TPS for Venezuelans in March 2021, citing the escalating instability within the country. The protections were expanded in 2023, and two weeks before President Trump assumed office, the Biden administration renewed these protections for an additional 18 months.
U.S. District Judge Edward Chen, an appointee of President Barack Obama, had previously described Venezuela as “a country so rife with economic and political upheaval and danger that the State Department” has warned against travel due to high risks of detention, terrorism, kidnapping, and civil unrest. The TPS program, established by Congress in 1990, allows the federal government to offer temporary protection to migrants from countries facing natural disasters, wars, or other dangerous conditions.
Impact of the Ruling
The Supreme Court’s latest ruling reinforces the Trump administration’s ability to curtail humanitarian protections for a significant population of Venezuelan migrants, underscoring ongoing legal and policy debates surrounding immigration enforcement and temporary relief programs.