US Supreme Court permits Trump administration to revoke legal protections for Venezuelans

HORNBILL TV

The US Supreme Court on Monday permitted the Trump administration to revoke Temporary Protected Status (TPS) for thousands of Venezuelans, according to The Hill.

Washington, DC [US], May 20 (HBTV): The US Supreme Court on Monday permitted the Trump administration to revoke Temporary Protected Status (TPS) for thousands of Venezuelans, according to The Hill.

In January, the Trump administration announced plans to strip TPS for Venezuelans, removing safeguards that prevent deportation due to civil unrest and dangerous conditions in their home country.

The US Justice Department appealed to the Supreme Court after a San Francisco-based federal district judge had blocked the effort, ruling that the move ‘appears predicated on negative stereotypes’.

Justice Ketanji Brown Jackson, a nominee of former President Joe Biden, was the only justice to publicly dissent from Monday’s order. Neither Jackson nor the majority offered an explanation for the decision.

The ruling marks a legal victory for the Trump administration, which has filed several emergency appeals to the Supreme Court in response to district courts across the country halting various immigration policies introduced during Trump’s presidency.

Last Friday, however, the court blocked the administration from swiftly deporting a group of Venezuelan migrants it had identified as gang members.

Announcing the decision, US Homeland Security Secretary Kristi Noem stated she had ‘vacated’ the earlier TPS designation issued by her predecessor. She accused the Biden administration of trying to limit the department’s discretion.

‘For decades, Secretaries across administrations have accordingly terminated TPS designations when, in their judgment, the statutory conditions no longer warrant them. That is exactly what Secretary Noem did here,’ Solicitor General D John Sauer wrote to the justices.

The move followed a lawsuit filed by the National TPS Alliance, which argued that Secretary Noem lacked the authority to revoke the TPS designation without first assessing current conditions in Venezuela and providing formal notice.

The administration contended that the courts lacked jurisdiction to review the matter, characterising judicial intervention as an infringement on the executive branch’s control over foreign affairs. In contrast, the National TPS Alliance warned that accepting this position would grant the administration unchecked powers.

In court filings, the Alliance's lawyers argued: ‘They could designate Mexico for fifty years to accomplish mass legalization, or China and India to sweeten a trade deal.’ They added, ‘The government believes such blatantly unlawful actions would be unreviewable "determinations". The Court should not so radically expand the Secretary’s powers, especially on the emergency docket.’

The case affects approximately 300,000 Venezuelans whose TPS protections would have expired in April and another 300,000 set to lose protections in September due to Noem’s actions, The Hill reported.

A lower court previously blocked Noem’s decision, citing procedural lapses and concerns of racial animus. US District Judge Edward Chen of California ruled that the administration failed to follow appropriate procedures and was ‘motivated at least in part by animus’. He noted that Noem had made multiple derogatory remarks suggesting Venezuelans were gang members or criminals.

Noem argued that Venezuela no longer meets the criteria for TPS under President Nicolás Maduro, despite the country's ongoing political turmoil and severe food shortages, which have led to a mass exodus of citizens.

Following the Supreme Court’s decision, the Department of Homeland Security drew attention to another immigration programme it is attempting to dismantle, also citing concerns about gang activity.

Tricia McLaughlin, Assistant Secretary for Public Affairs, said in a statement: ‘Today’s SCOTUS decision is a win for the American people and the safety of our communities. The Biden administration exploited programs to let poorly vetted migrants into this country — from MS-13 gang members to known terrorists and murderers. The Trump administration is reinstituting integrity into our immigration system to keep our homeland and its people safe.’

MS-13 operates primarily in Central America and consists mainly of Salvadoran members. The Trump administration has designated the Venezuelan gang Tren de Aragua as a foreign terrorist organisation, according to the report.

The Trump administration approached the Supreme Court after the 9th US Circuit Court of Appeals declined to lift Judge Chen’s order pausing the TPS revocation. The case has now returned to the lower courts. The 9th Circuit has yet to issue a final ruling on the administration’s appeal, and Judge Chen has scheduled a hearing for July 11 to consider the Trump administration’s motion to dismiss the lawsuit.

(ANI)