The Supreme Court says that Trump could cancel temporary protections for the Venezuelans granted under Biden

Washington – The Supreme Court held for the second time that the Trump administration could cancel the “temporary protected status” given to around 600,000 venezuelans under the Biden administration.

This decision, defenders of the Venezuelans, said that thousands of individuals legally present could lose their jobs, be detained in immigration facilities and expelled in a country that the US government considers dangerous to visit.

The High Court granted an emergency call for Trump lawyers and canceled the decisions of the American district judge Edward Chen in San Francisco and the 9th Circuit Court of Appeals.

“Although the posture of the case has changed, the legal arguments and the relative misdeeds of the parties have generally did not do so. The same result we have achieved in May is appropriate here,” the court said in an order not signed on Friday.

Judges Elena Kagan and Sonia Sotomayor said they would have denied the call.

Justice Ketanji Brown Jackson dissipated. “I consider today’s decision as another serious abusive use of our emergency file,” she wrote. “Because, respectfully, I cannot comply with our repeated, free and harmful ingrigence with affairs pending in the lower lessons while lives are at stake, I dissipate.”

Last month, a panel of three judges from the 9th short circuit said that the Secretary of Homeland Security Kristi Noem had exceeded her legal authority by canceling legal protection.

His decision “launched the future of these Venezuelan citizens in disarray and exposed them to a substantial risk of unjustified withdrawal, separation of their families and loss of employment,” the panel wrote.

But Trump’s lawyers said the law prohibits judges from revising these decisions by US immigration officials.

Homeland Security applauded the action of the Supreme Court. “Temporary protection status was still supposed to be right: temporary,” said assistant secretary Tricia McLaughlin in a statement. “However, the previous administrations have abused, exploited and mutilated PLS in a de facto amnesty program.”

Congress has authorized this protected status for people who are already in the United States but cannot go home because their country of origin is not safe.

The Biden administration offered the Protections to the Venezuelans due to the political and economic collapse caused by the authoritarian regime of Nicolás Maduro.

Alejandro Mayorkas, Biden’s internal security secretary, granted protected status to Venezuelan groups in 2021 and 2023, totaling around 607,000 people.

Mayorkas extended it again in January, three days before Trump made sure.

Shortly after, Noem announced the end of the 2023 group protections by April.

In March, Chen made an order by temporarily arresting the repeal of Noem, which the Supreme Court set aside in May with only Jackson.

San Francisco judge then held a hearing on the issue and concluded that Noem’s repeal violated the law on administrative procedure because it was arbitrary and not justified.

He declared that his previous order imposing a temporary break did not prevent him from governing the legality of the repeal, and the 9th circuit agreed.

The approximately 350,000 Venezuelans who had TPS thanks to the designation of 2023 saw their legal status restored. Many have been applied for labor authorization, said Ahilan Arulanantham, co -director of the Center for Immigration Law and Policy at the UCLA School of Law, and a lawyer for the complainants.

In the meantime, Noem announced the cancellation of the designation of 2021, from November 7.

Trump’s Advocate General, D. John Sauer, returned to the Supreme Court in September and urged the judges to put aside the second order of Chen.

“This case is familiar in the court and implies the increasingly familiar and untenable phenomenon of the lower courts without taking into account the orders of this court on the emergency file,” he said.

The decision of the Supreme Court opposite the legal status of group 2023 and cements the end of the legal protections of group 2021 next month.

In a new complication, the previous decision of the Supreme Court said that anyone who had already received documents checking their TPS status or their employment authorization until next year has the right to keep it.

This, Arulanantham said: “Create another completely bizarre situation, where there are people who will have TPES until October 2026 as they are supposed to do because the Supreme Court says that if you already have a document, it cannot be canceled. Which simply emphasizes how arbitrary and irrational.”

The defenders of the Venezuelans said that the Trump administration had not shown that their presence in the United States is an emergency requiring immediate compensation for the court.

In a memoir deposited on Monday, the lawyers of the National TPS Alliance argued that the Supreme Court should refuse the request of the Trump administration because the heads of internal security acted outside the scope of their authority by revoking the TPS protections early.

“The deactivation of the legitimate immigration status of 600,000 people over 60 days is unprecedented,” wrote Jessica Bansal, a lawyer representing the organizational network of the national day based in Los Angeles, in a press release. “Doing it after promising an additional 18 -month protection is illegal.”