Trump petitions the Supreme Court to authorize his plan to expel approximately 300,000 Venezuelan immigrants
In a case that has raised questions about the pace of emergency appeals driven by Trump's second term and the handling of such cases by courts, including the Supreme Court, the Trump administration has urged the nation's highest court to withdraw deportation protections for approximately 300,000 Venezuelans living in the United States.
The dispute over Temporary Protected Status (TPS) for Venezuelans has previously come before the Supreme Court this year, following Homeland Security Secretary Kristi Noem's decision to end this form of humanitarian relief for Venezuelan migrants. The Trump administration argues that disregarding the Supreme Court's orders, regardless of their length, is unacceptable.
The case in question involves the administration's appeal to the Supreme Court regarding the administration's policy on TPS for Venezuelan migrants. In May, the Supreme Court allowed Trump to proceed with withdrawing TPS while the case continued in lower courts, over a dissent from Justice Ketanji Brown Jackson. However, the Supreme Court's initial order in the case provided no reasoning for its ruling.
The challengers in the case argue that Noem's abrupt reversal of TPS protections violated the Administrative Procedure Act. They also assert that the decision was motivated by racial and political bias.
The United States granted Temporary Protected Status (TPS) to Venezuelans for the first time in 2021 and extended this status again on March 9, 2023. The Biden administration renewed TPS protections for Venezuelans for an additional 18 months in 2021.
A federal judge in California then entered a new order siding with Venezuelans who sued over the policy in a more permanent way. In response, the Trump administration accused US District Judge Edward Chen and the 9th US Circuit Court of Appeals of taking an 'indefensible' position by blocking the administration's policy once again in its emergency appeal to the Supreme Court.
The case also highlights a central issue: whether Noem had the authority to wipe away the existing TPS designation before it was scheduled to expire. US Circuit Judge James Wynn expressed frustration during a recent oral argument, stating that the Supreme Court is telling lower courts nothing. This sentiment is shared by a number of lower court judges who have voiced uncertainty about how to approach cases when the Supreme Court has provided little to no explanation on its quick-turn docket.
As the Supreme Court deliberates on this case, the future of TPS for Venezuelan migrants remains uncertain.
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