Trump administration faced legal action by Venezuelan migrants and a progressive group following South Dakota Governor Kristi Noem's rejection of Biden administration's plans for 'protected status'.
The Supreme Court's decision in May 2025 has permitted the revocation of Temporary Protected Status (TPS) for Venezuelan migrants, despite ongoing legal challenges. This ruling effectively ended the TPS designation for Venezuela, despite a federal court order earlier in the year that had blocked the termination of TPS for Venezuela.
Between January and June 2025, the Trump administration ended TPS protections for Venezuela, along with several other countries. A federal court had initially blocked this revocation, citing significant economic harm and the impact on Venezuelan migrants. However, this injunction was later, at least in part, overturned by the Supreme Court in May 2025, allowing the administration to terminate TPS for Venezuela.
The litigation continues past the termination date, indicating that legal challenges remain unresolved. In the meantime, related TPS revocations for other countries like Honduras, Nicaragua, and Nepal have also seen court rulings allowing the Trump administration to resume ending protections, but these do not directly affect Venezuelan TPS.
A group of Venezuelan migrants, along with the Venezuelan Association of Massachusetts and Democracy Forward, have filed a lawsuit in Boston federal court against the Department of Homeland Security, Customs and Border Protection, and U.S. Citizenship and Immigration Services. The plaintiffs allege that the Trump administration unlawfully ended the TPS that was initially granted by former President Joe Biden in 2021 due to humanitarian concerns.
In a joint statement, the Venezuelan Association of Massachusetts official Carlina Velázquez and Carlos Martín Medina stated that the sudden policy inflicts direct harm on people who arrived lawfully, complied with every DHS requirement, including the CBP One process, and worked hard to build stable lives for their families. The plaintiffs argue that TPS revocation requires case-by-case determinations and wrongly disrupts lives and occupations and risks deportation.
In June, Judge Chen issued a narrow ruling stating that preexisting work permits should not be cancelled retroactively. The Trump administration, through DHS Assistant Secretary Tricia McLaughlin, had stated that the lawsuit was a desperate attempt to keep half a million poorly vetted illegal aliens in the country and undermine President Trump's constitutional authority to enforce America's immigration laws.
Charles Creitz, a reporter for our website Digital, has been following this story closely. He joined our website in 2013 as a writer and production assistant and is a Pennsylvania native, graduating from Temple University with a B.A. in Broadcast Journalism. In a recent article, Creitz reported on the Trump administration's allegations that the policy shift is not about immigration but cruelty and the targeting of people in vulnerable circumstances.
The current status of the Venezuelan TPS litigation post-Supreme Court decision is still ongoing. However, the Supreme Court’s ruling has effectively permitted the revocation to proceed thus far. The Biden administration has not yet announced plans to appeal the decision.
[1] NBC News [2] CNN [3] SCOTUSblog [4] ABC News [5] The Hill
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