The Trump administration has made an urgent appeal to the Supreme Court seeking to end deportation protections for hundreds of thousands of Venezuelan immigrants currently residing in the United States.
According to The Hill, the administration filed an emergency application requesting to overturn a San Francisco federal district judge's ruling that had temporarily blocked their plans to terminate Temporary Protected Status (TPS) for over 600,000 Venezuelans.
The move comes after Homeland Security Secretary Kristi Noem's controversial decision in January to revoke the TPS designation for Venezuelans, which had been implemented by the previous administration. The program provides protection from deportation for individuals who cannot safely return to their home countries due to ongoing crises or dangerous conditions.
Legal battle unfolds over immigration policy change
Solicitor General D. John Sauer emphasized in the emergency application that the lower court's decision interferes with the executive branch's authority to enforce time-sensitive immigration policies. The administration argues that the court's intervention undermines decisions made by political branches regarding temporary immigration status.
The National TPS Alliance, along with seven Venezuelan TPS holders, has filed a lawsuit challenging the administration's decision. They contend that the policy change was partially motivated by racial bias and failed to follow proper administrative procedures.
U.S. District Judge Edward Chen, who issued the initial block on the administration's plans, found substantial evidence suggesting discriminatory intent behind the policy change.
Controversy surrounding Secretary Noem's statements
Judge Chen's ruling specifically addressed Secretary Noem's public statements regarding the policy change, noting:
Generalization of criminality to the Venezuelan TPS population as a whole is baseless and smacks of racism predicated on generalized false stereotypes. As discussed in other parts of this order, the Secretary's rationale is entirely lacking in evidentiary support. For example, there is no evidence that Venezuelan TPS holders are members of the [Tren de Aragua] gang, have connections to the gang, and/or commit crimes.
The administration's legal team argues that decisions regarding TPS designation should remain outside federal court jurisdiction. They maintain that such determinations fall within core Executive Branch responsibilities.
Supreme Court's role in immigration policy decisions
Supreme Court Justice Elena Kagan has requested a written response from the plaintiffs by next Thursday. As the justice responsible for emergency appeals from the 9th Circuit, she may decide independently or refer the matter to the full court.
This emergency application marks the Trump administration's twelfth such request to the Supreme Court. Several similar cases remain pending, including matters related to birthright citizenship, agency leadership appointments, and military policy.
The administration's legal team emphasizes that delay in implementing their decision could impact ongoing negotiations with Venezuela. They argue that maintaining TPS designation conflicts with current foreign policy objectives.
High-stakes decision awaits court ruling
The Trump administration's request to end TPS protection for more than 600,000 Venezuelans now rests with the Supreme Court, following lower courts' decisions to block the policy change. The case centers on Homeland Security Secretary Kristi Noem's January decision to terminate the program, which was challenged by the National TPS Alliance and individual beneficiaries on the grounds of racial discrimination and procedural violations.
Justice Elena Kagan's upcoming review of the emergency application will determine whether the administration can proceed with its planned deportation policy while legal challenges continue through the courts.