The Supreme Court ruled on Monday that Donald Trump's administration could end legal protections that saved about 350,000 Venezuelans from potential deportation.
The U.S. Supreme Court approved a request from Secretary of Homeland Security Kristi Noem to revoke the Venezuelans’ Temporary Protection Status (TPS), while the appeal was made in a lower court.
The government grants TPS to foreign citizens who are unable to return home safely due to war, natural disasters or other "extraordinary" conditions, thereby enabling them to deport and obtain work permits.
Trump's predecessor, Joe Biden, has granted Venezuelan status due to political and economic conflicts in his home country. Venezuela's President Nicolás Maduro persecuted lawyers and journalists, while millions of suffering citizens seek asylum elsewhere.
Biden, who promised Trump to deport a record number of undocumented immigrants in Trump's resignation for another 18 months, returned to the White House in January.
In March, a federal judge in California temporarily stayed in the Trump administration program to end the TPS of Venezuelan nationals. San Francisco-based district magistrate Edward Chen said the end of TPS’ plan to “racist smacks” is to treat Venezuelans as criminals.
"Based on the stereotype of negative groups and generalizing this stereotype to the entire group is a classic example of racism," Chen wrote. He added that Venezuelan TPS holders are more likely to have a bachelor's degree than American citizens, rather than crimes committed by American citizens.
The San Francisco-based U.S. Court of Appeals for the Ninth Circuit rejected the government's request to suspend the judge's order on April 18.
The Trump administration then demanded that the Supreme Court intervene. In the filing, the Justice Department lawyer said that Chen had “fighted the country’s immigration policy in the administration’s administration, led by Trump.
"The court order violates the privileges of the basic executive branch and delays sensitive policy decisions indefinitely that the areas of immigration policy recognized by Congress must be flexible, fast-paced and discretionary," they wrote.
The plaintiffs, including some TPS recipients and the National TPS Alliance Advocacy Group, said Venezuela remains an unsafe country.
They told the Supreme Court that the approval of the government's demands "will deprive nearly 350,000 people living in the United States from their work mandates, expose them to unsafe countries and cause billions of dollars in economic losses nationwide."
But the Supreme Court approved the Justice Department's request. Its short order is unsigned, just like the typical case of the Avenue taking action on an emergency application. Liberal Justice Ketanji Brown Jackson is the only member of the court's open objection.
House Democrats condemned the decision.
"It is shameful that the Trump administration has withdrawn carpets from many Venezuelans who legally enter the country, fleeing violence and destruction from the home country," Pramila Jayapal, a ranking member of the Immigration Integrity, Security and Law Enforcement Subcommittee, said in a statement.
Congresswoman Debbie Wasserman Schultz posted on social media: "The Venezuelan TPS holder fled the Maduro regime and established his life in the United States. This cruel decision allowed Trump to expel non-criminals back to murdered dictators. The fight is not over. We must end my Venezuelan TPS to ensure our communities are safe."
The State Council is currently warning against traveling to Venezuela, “due to illegal detention, terrorism, kidnapping, arbitrary enforcement of local laws, crimes, civil strife, and poor health infrastructure.” The department withdrew all diplomatic personnel in 2019.
Trump's presidential campaign promises to deport millions of undocumented immigrants, and his many executive orders surrounding immigration have faced challenges from judges across the country, including the Supreme Court.
Trump lashed out in court last week after he worked hard to restore efforts by members of Venezuelan gang Tren de Alagua.
In the 7-2 ruling, the court included three judges nominated by Trump, saying that allegedly Tren de Alaguya members did not have enough time to legally debate their removal.
Trump replied: "The U.S. Supreme Court does not allow me to do what I choose. It's a bad and dangerous day for the U.S.!"
The Trump administration in April also terminated the TPS of thousands of Afghans and Cameroonians in the United States. These actions are not part of the current situation. Although the law says these people are “not allowed to be detained”, they are still “not allowed to be detained” in their immigration status, preemptive arrests by many people still under asylum abroad.