The Supreme Court allowed President Donald Trump to end the Temporary Protected Status (TPS) amnesty for more than 300,000 Venezuelan migrants.
In an 8-1 ruling on Monday, the majority justices granted an emergency application filed by the Trump administration that requested the Court lift an order from California-based U.S. District Court Judge Edward Chen that prevented the administration from revoking TPS protections for thousands of Venezuelan migrants, NBC News reported.
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“The application for stay presented to Justice Kagan and by her referred to the Court is granted,” the brief order said. “The March 31, 2025 order entered by the United States District Court for the Northern District of California, case No. 3:25-cv-1766, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.”
Supreme Court Justice Ketanji Brown Jackson dissented.
In a press release, the Immigration Reform Law Institute Executive Director and general counsel Dale L. Wilcox noted that the Supreme Court “has repeatedly” recognized President Donald Trump’s “inherent authority to exclude aliens.”
“The Supreme Court has repeatedly recognized the President’s inherent authority to exclude aliens, and ‘inherent’ clearly means he may exercise it even when he is not guided by a specific statute,” Wilcox said in a statement.
Litigation regarding the matter will “continue in lower courts,” the outlet reported.
Ahilan Arulanantham, one of the attorneys who is representing the migrants, described the decision as being the “largest single action stripping any group of non-citizens of immigration status in modern U.S. history.”
As Breitbart News reported, at the beginning of May the Trump administration filed an emergency appeal to the Supreme Court, requesting that Chen’s order be lifted. In the emergency appeal, U.S. Solicitor General John Sauer described Chen’s order as being “untenable.”
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The emergency appeal from the Trump administration came after Chen issued a ruling that barred the administration from revoking TPS amnesty for thousands of Venezuelan migrants. In his decision, Chen “cited the migrants’ economic activity as if that entitled them to legal status regardless” of the laws in the United States:
[They] have higher educational attainment than most U.S. citizens (40-54% have bachelors degrees), have high labor participation rates (80-96%) [because they are younger, on average] … and annually contribute billions of dollars to the U.S. economy and pay hundreds of millions, if not billions, in Social Security taxes.
In February, Department of Homeland Security (DHS) Secretary Kristi Noem “revoked one of two” TPS designations for Venezuelan migrants, CBS News reported.
Per the outlet:
The move by the Trump administration will mean that an estimated 350,000 Venezuelans covered under a 2023 TPS designation will lose their work permits and deportation protections two months after Noem’s decision is officially published. Venezuelans enrolled in TPS under an earlier 2021 designation will continue to have that status through September, though those protections could also be phased out.
Noem’s revocation of TPS amnesty for thousands of Venezuelan migrants came after former DHS Secretary Alejandro Mayorkas extended TPS amnesty for 850,000 “illegal and quasi-legal economic migrants until 2026,” Breitbart News reported.
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