Two Supreme Court orders are extending the lives of approximately 350,000 Venezuelan immigrants who are allowed to live and work in the United States and protect against deportation through special laws.
The court's order Monday allowed the Trump administration to deprive temporary protection status from a group of hundreds of thousands of Venezuelans as a legal case in the matter.
Lawyers representing TPS holders said the Supreme Court’s brief order raised questions, including when, when, when, when, when, and when, to lose legal protection.
This is what we know about orders and what happens next.
The Supreme Court order directly affected a panel of about 350,000 Venezuelans who were granted temporary protection status by then-President Joe Biden in 2023 for humanitarian reasons. Biden expanded the organization's protection in January, allowing them to retain their legal status until October 2026.
The Trump administration has been targeting undocumented immigration and those protected in legal programs to meet its goal of enacting mass deportations. President Donald Trump attempts to cancel a range of protections granted during the Biden administration, including the TPS.
Shortly after Trump took office, Homeland Security Secretary Kristi Noem proposed to cancel the Biden administration's TPS extension, saying that continuing protection measures "violating national interests."
Seven Venezuelan TPS holders and the National TPS Alliance sued the Trump administration, believing that Noim's order violated legal procedures and was racially discriminatory. In March, a federal judge in San Francisco prevented the Trump administration from ending legal protections when a case was made. The government requires the Supreme Court to intervene.
Monday's order means that 350,000 Venezuelans can now lose their protected identity while the case continues to play in court.
“This is the largest loss of will documents or legal status for any group of people in the history of the country,” said Emi MacLean, an attorney for the Northern California Civil Liberties Union, who worked on the case. “It’s really devastating and has extraordinary effects.”
Temporary protected status is granted to immigrants in the United States who are unable to return to their home countries due to natural disasters or political unrest. It does not provide a way to citizenship.
The Biden administration said in March 2021 that Venezuelans are in line with the federal plan due to political instability in the country, which has been around since 1990 to provide humanitarian relief to people from countries with wars, natural disasters or other disasters.
Those who grant TPS have legal status in the United States and can obtain work authorization within 18 months, but extend. Without such protection, these immigrants would be deported, but other ways to stay in the United States, such as claiming shelter.
Attorneys in the case said that a population of 350,000 Venezuelans are now at risk of being deported and in trouble.
Ahilan Arulantham, one of the lawyers representing Venezuelan plaintiffs, said that while the order means 350,000 Venezuelans will lose their TPS status and work mandate, the court's order did not give a specific opportunity to lose their protected status.
"It may be now, or maybe a week from now, or maybe another time is unclear," he said in a press conference after the Supreme Court order.
"Clarifying the meaning of the order and how to interpret it is in hand," he said, adding that the legal team could challenge such interpretation in ongoing court cases.
Arulanantham said the motive or reasoning behind the Supreme Court order is unclear.
"We just don't know because they didn't explain why," he said.
McLean said in a press conference that the district court had requested a status report on the importance of the order on May 26, as well as a May 29 hearing, both sides "will discuss and analyze its meaning."
While the order only directly affects the Venezuelan TPS holder population, which qualifies in 2023, lawyers say the Supreme Court order is not good for other TPS holders as their case continues to play a role in court.
Assistant Homeland Security Secretary Tricia McLaughlin said in a statement Monday that the decision was “the security of the American people and our communities.”
“The Trump administration is reestablishing integrity into our immigration system to ensure the safety of our homes and their people,” she added.
The Trump administration declined to comment on Tuesday how it explained the Supreme Court order and the timing of Venezuelans losing TPS protection.
The Department of Homeland Security noted on its website that “it has all intentions to end the Venezuelan TPS under its designation in 2023 and once it is granted relief from a court order, it has intentions.”
"The lawsuit continues," said Jessica Bansal, a lawyer with the National Day Labor Organization Network. "The Supreme Court order keeps the lawsuit persisting and does not provide protection for people affected by the secretary's decision."
"But again, the case is still under the shadow of two unexplained orders and has an unclear impact," Bensal said. "We will continue to fight because we know we are morally and legally on the right."
McLean told NBC News that the legal team will make its argument that Neum's order to terminate TPS protection "is a violation of the law and unconstitutional is caused by racist motives."
The oral debate on the case is scheduled to take place in July.
"So unless this is advanced, it means that Venezuelan TPS holders will be at risk for at least two months," she said.
McLean said that if they succeed in court, it will "return protection for Venezuelan TPS holders" and provide additional protection for 250,000 Venezuelan TPS holders who have acquired status in 2021 and about 500,000 Haitian TPS holders. Currently, the Venezuelan's TPS qualifying in 2021 will end in September. The government may bring this decision.
McLean said their attorneys would also appeal the decision if the judge ordered an objection to the plaintiff.
"There will be other legal battles," she said. "Now, our problem is that we can go back to court and try to return protections to TPS holders who are today or at risk soon."
Attorneys said they will also seek other forms of immigration protection for the plaintiffs, including thousands of members of the National TPS Alliance affected by Norm's decision. They also encourage other Venezuelan TPS holders to remain aware of the case and pursue whether there are other forms of immigration protection that may be eligible.