Supreme Court Asked to Lift Freeze on Trump Administration's Plans to Terminate Venezuelan Work Authorization and Deportation Protection

The US Justice Department made an emergency request to the Supreme Court to lift a lower court's freeze on plans to terminate work authorization and deportation protection for over 350,000 Venezuelans residing in the US. The request, filed by Solicitor General D. John Sauer, argues that an order from a federal judge in California stripped Homeland Security Secretary Kristi Noem of a national security-based power. Noem had determined that allowing the Venezuelans to remain in the country was "contrary to the national interest." The emergency appeal asks the court to rule as soon as possible.

Key Takeaways:

  • The US Justice Department filed an emergency request to the Supreme Court to lift a lower court's freeze on plans to terminate work authorization and deportation protection for over 350,000 Venezuelans residing in the US.
  • The request argues that an order from a federal judge in California stripped Homeland Security Secretary Kristi Noem of a national security-based power.
  • Noem had determined that allowing the Venezuelans to remain in the country was "contrary to the national interest."
  • The 9th US Circuit Court of Appeals rejected the administration's request to pause an order from a trial court that blocked Noem's decision to end Temporary Protected Status for one group of Venezuelans.
  • US District Judge Edward Chen issued a nationwide pause in early April, noting that immigrant rights groups and TPS holders had a strong claim under the equal protection clause of the Constitution's 14th Amendment.
  • President Joe Biden granted protections until October 2026 for two groups of Venezuelans, with about 250,000 Venezuelans receiving TPS in 2021 and 350,000 more in 2023.
  • Noem cited gang activity as her reason for not extending TPS for the 2023 group of Venezuelans.

Statistics:

  • 350,000 Venezuelans residing in the US are affected by the plans to terminate work authorization and deportation protection.
  • 250,000 Venezuelans received TPS in 2021, while 350,000 more received TPS in 2023.
  • The temporary protected status (TPS) allows nationals from certain countries deemed too dangerous to return to remain in the US temporarily for 18 months, unless extended by the Homeland Security secretary.
  • President Joe Biden granted protections until October 2026 for two groups of Venezuelans.
  • US District Judge Edward Chen was appointed by former President Barack Obama in 2011.

Sources:

  • Politico:
  • DocumentCloud:
  • 9th US Circuit Court of Appeals:
  • La Illuminator:
  • Idaho Capital Sun: