Trump asks Supreme Court for emergency order to strip Venezuelan TPS protections

The Justice Department on Friday asked the Supreme Court for an emergency order to strip Temporary Protected Status from more than 300,000 Venezuelan migrants, according to a filing. The request would pause a ruling by U.S. District Judge Edward Chen in San Francisco that DHS acted to end TPS for Venezuelans. The federal appeals court in San Francisco had refused to stay Chen's ruling while the case proceeds.

In May, the Supreme Court reversed a preliminary order from Chen that affected another 350,000 Venezuelans whose protections expired in April. The high court provided no explanation, which is common in emergency actions.

Solicitor General D. John Sauer argued that the May order should apply to the current case, writing that the court's emergency docket decisions have been repeatedly ignored by lower courts, creating an increasingly familiar pattern. He said the new order, like the old one, halted the vacatur and termination of TPS affecting more than 300,000 Venezuelans based on meritless legal theories.

The administration has moved to withdraw protections that have allowed immigrants to remain in the United States, including ending TPS for about 600,000 Venezuelans and 500,000 Haitians who were granted protection during President Joe Biden's tenure. TPS is granted in 18-month increments, and Congress created the program in 1990 to prevent deportations to countries facing disasters, civil strife or other dangerous conditions. The designation can be granted by the Homeland Security secretary.

Judge Chen found that DHS acted "with unprecedented haste and in an unprecedented manner" in terminating Venezuela's TPS status, a finding that said the department pursued expediency for preordained policy goals.

Judge Wardlaw, delivering the appellate panel's ruling for a unanimous three-judge panel of the Ninth Circuit, rejected the government's emergency appeal, noting that Chen's determination appeared to be based on the idea that DHS acted first and searched for a legal basis later.

The dispute highlights broader tensions over TPS and immigration policy that have stretched through multiple administrations and courtrooms. If the Supreme Court grants the emergency stay, the protections for more than 300,000 Venezuelans would remain in place while the case proceeds, delaying any final determination. The outcome remains uncertain, with potential implications for thousands of migrants and for the administration's broader immigration agenda.