Trump Administration Appeals to Supreme Court Again to End Venezuelan TPS Protections

The Trump administration has intensified its efforts to terminate deportation protections for hundreds of thousands of Venezuelans, filing an emergency application with the U.S. Supreme Court on Friday. This marks the second time the administration has sought the high court’s intervention in the contentious case.

The Justice Department’s filing asks the justices to overturn a recent federal judge’s ruling that found Homeland Security Secretary Kristi Noem lacked the authority to end the Temporary Protected Status (TPS) program for Venezuelans. U.S. Judge Edward Chen in San Francisco issued his final ruling on September 5, concluding that Secretary Noem’s actions violated federal law governing agency conduct.

According to the Justice Department, “So long as the district court’s order is in effect, the secretary must permit over 300,000 Venezuelan nationals to remain in the country, notwithstanding her reasoned determination that doing so even temporarily is ‘contrary to the national interest’.”

This legal challenge is central to President Trump’s broader agenda of cracking down on both legal and illegal immigration during his second term. The TPS program is a humanitarian designation providing deportation protection and work permits to individuals from countries affected by war, natural disaster, or other catastrophes. Former President Joe Biden had designated Venezuela for TPS in 2021 and 2023, extending the status just before Trump’s return to office. Secretary Noem subsequently rescinded this extension for a subset of beneficiaries.

The Supreme Court previously sided with the administration in May, lifting an earlier temporary order by Judge Chen that had paused the TPS termination. The Justice Department’s latest filing criticizes lower courts for “disregarding this court’s orders on the emergency docket,” highlighting ongoing tensions in the judicial system regarding such emergency rulings.

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