On May 19, 2025, the U.S. Supreme Court halted a federal court’s order that prevented the Trump administration from revoking Temporary Protected Status (TPS) for Venezuelan immigrants.
What Is TPS?
Temporary Protected Status is a humanitarian immigration status established by the Immigration Act of 1990. It allows nationals from designated countries facing extraordinary conditions (like armed conflict or natural disasters) to legally reside in the U.S. for up to 18 months.
As of September 2024, more than 860,000 people had been granted TPS.
When TPS ends, individuals revert to their prior immigration status and may face deportation if they do not have legal status.
How TPS Can Be Revoked
TPS can be terminated by the Secretary of the Department of Homeland Security (DHS). The process includes:
– Assessing whether conditions in the country still warrant TPS (e.g., ongoing conflict or disaster)
– Making a public announcement at least 60 days before the termination takes effect
– Allowing time for legal challenges to be filed
For instance, Afghan nationals lost TPS status when Homeland Security Secretary Kristi Noem determined they no longer met the criteria.
Similar terminations occurred for El Salvador, Nicaragua, and Sudan during Trump’s presidency. While legal challenges ensued, the Ninth Circuit ultimately upheld the terminations.
The Biden administration later reversed the termination for El Salvador and extended TPS until 2026.
The Venezuelan TPS Case
– February 1, 2025: Secretary Noem announced TPS termination for Venezuelan nationals, citing public safety concerns and the presence of “dangerous illegal immigrants.”
– March 31, 2025: A federal district court temporarily blocked this decision.
– The U.S. Court of Appeals upheld the district court’s decision, causing concern in the Trump administration.
However, on May 19, 2025, the Supreme Court issued a stay on the district court’s order, allowing the TPS termination process to proceed while the case continues through the Ninth Circuit and possibly up to the Supreme Court.
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