US Supreme Court permits Trump administration to revoke legal protections for Venezuelans

WASHINGTON: The US Supreme Court on Monday allowed the Trump administration to revoke legal protections for thousands of Venezuelans, The Hill reported.

In January, the Trump administration said it would move to strip Temporary Protected Status (TPS) for Venezuelans, removing protections that stop deportation due to civil unrest and dangerous conditions in a migrant’s home country.

The US Justice Department filed an appeal in the top court after a San Francisco-based federal district judge put the efforts on hold, finding they “appear predicated on negative stereotypes.”

Ketanji Brown Jackson, former US President Joe Biden’s appointee to the court, was the only justice to note her dissent from Monday’s order to lift that judge’s block. Both Jackson and the majority have not explained their decision.

The court’s decision marks a legal win for the Trump administration, which has filed several emergency appeals in the Supreme Court after district judges across the country blocked various policies introduced by US President Donald Trump, The Hill reported.

On Friday, the court blocked the Trump administration from swiftly deporting a group of Venezuelan migrants it claims are gang members.

In announcing the decision, US Homeland Security Secretary Kristi Noem said she “vacated” an earlier designation of Temporary Protected Status (TPS) by her predecessor, complaining the Biden administration wanted to tie their hands.

“For decades, Secretaries across administrations have accordingly terminated TPS designations when, in their judgment, the statutory conditions no longer warrant them. That is exactly what Secretary Noem did here,” Solicitor General D John Sauer wrote to the justices.

It followed a lawsuit from the National TPS Alliance, which said Noem did not have the power to unwind the earlier designation and mentioned that she must evaluate conditions in the country and provide notice of the decision.

The administration has said that the courts did not have the power to review the matter, calling any intervention an intrusion on the executive branch’s control over foreign affairs. However, the National TPS Alliance has argued that the position would hand over unchecked power.

The group’s lawyers in court filings wrote, “They could designate Mexico for fifty years to accomplish mass legalization, or China and India to sweeten a trade deal.”

They further stated, “The government believes such blatantly unlawful actions would be unreviewable ‘determinations.’ The Court should not so radically expand the Secretary’s powers, especially on the emergency docket.”

The case will directly affect roughly 300,000 Venezuelans whose protections would otherwise have expired in April. However, it will also impact another roughly 300,000 whose protections are scheduled to expire in September due to Noem’s decisions, The Hill reported.

Previously, a lower court judge blocked Noem’s vacatur from being enforced, mentioning that her decision “smacks of racism” after making a series of demeaning statements about Venezuelans.

California-based US District Judge Edward Chen stated that the Trump administration did not follow proper procedure for revoking TPS from those being deported and that the administration was “motivated at least in part by animus.” He said that Noem repeatedly suggested Venezuelans were gang members or criminals.

Noem has argued that Venezuela no longer needs the protections under the leadership of President Nicolas Maduro. However, Venezuela has seen a massive exodus of its citizens. Apart from political unrest, Venezuela is facing widespread food shortages.

After winning in the top court, the Department of Homeland Security initially referenced a different immigration program that the administration is similarly attempting to topple while noting a gang primarily linked to nations other than Venezuela.

In a statement, Tricia McLaughlin, assistant secretary for public affairs, said, “Today’s SCOTUS decision is a win for the American people and the safety of our communities. The Biden administration exploited programs to let poorly vetted migrants into this country – from MS-13 gang members to known terrorists and murderers. The Trump administration is reinstituting integrity into our immigration system to keep our homeland and its people safe.”

MS-13 largely operates in Central America and mainly has Salvadoran membership. Trump has designated the Venezuelan gang Tren de Aragua as a foreign terrorist organisation, as per the report.

The Trump administration requested the Supreme Court after the 9th US Circuit Court of Appeals did not lift Chen’s order pausing the TPS vacatur.

The case is now back in the lower courts. The 9th Circuit has not yet issued its final ruling in the administration’s appeal, and Chen has meanwhile set a July 11 hearing on the Trump administration’s decision to dismiss the lawsuit. (ANI)