The Trump administration urged the US Supreme Court to issue an emergency order on Friday. This move aims to end Temporary Protected Status (TPS) for more than 300,000 Venezuelan migrants.
The Department of Justice (DOJ) argued that a San Francisco federal judge wrongly blocked its plan. Therefore, it asked the Supreme Court to pause that ruling so the government could proceed.
Earlier Legal Battles
Earlier this year, the federal appeals court in San Francisco also refused to pause the ruling delivered by US District Judge Edward Chen.
In May, however, the Supreme Court overturned another order from Judge Chen. That case involved 350,000 Venezuelans whose TPS expired in April. The court gave no explanation at the time, which is common for emergency appeals.
Solicitor General Defends Government’s Stand
In Friday’s filing, US Solicitor General D. John Sauer stressed that the May ruling should apply to the current case as well. “This case is familiar to the court and involves the increasingly familiar and untenable phenomenon of lower courts disregarding this Court’s orders on the emergency docket,” Sauer wrote, according to The Associated Press.
Furthermore, he argued that the lower court’s latest decision relied on ‘meritless legal theories’ and wrongly blocked the government’s plan.
Trump Intensifies Efforts to End TPS
Consequently, the Trump administration has moved aggressively to roll back protections for immigrants. It now seeks to end TPS for 600,000 Venezuelans and 500,000 Haitians, both of which were granted during President Joe Biden’s tenure.
Notably, Congress created TPS in 1990. The program prevents deportations to countries facing wars, natural disasters, or dangerous conditions. Moreover, TPS is granted in 18-month periods and managed by the Department of Homeland Security (DHS).
Judge Chen Criticizes DHS Actions
Earlier this year, Judge Edward Chen ruled that DHS rushed to terminate Venezuela’s TPS. He stated that DHS acted “with unprecedented haste and in an unprecedented manner … for the preordained purpose of expediting termination of Venezuela’s TPS.”
Later, Judge Kim Wardlaw and two other appellate judges denied the Trump administration’s emergency appeal. In his ruling, Chen added that DHS “made its decisions first and searched for a valid basis for those decisions second.”
Supreme Court’s Next Steps
Now, the Supreme Court must decide whether the government can immediately move forward with ending TPS protections. As a result, this case has become a major test of presidential power. It will determine how far the White House can go in reshaping immigration programs like TPS.
