The United States Supreme Court has just sided with President Donald Trump by greenlighting his plan to strip the “protected status” protection from over 300,000 Venezuelan migrants living in America.
In a brief order, the justices approved an emergency application from the Trump administration.
The decision allows officials to undo a Biden-era extension of Temporary Protected Status (TPS).
TPS shields Venezuelans from deportation and grants them work permits.
Liberal Justice Ketanji Brown Jackson was the lone dissenter, indicating she would have denied the request.
The decision allows Department of Homeland Security (DHS) Secretary Kristi Noem to move forward with a policy reversal.
The reversal would strip protections from more than 300,000 Venezuelans who were granted TPS by former President Joe Biden’s administration.
TPS, created by Congress in 1990, offers a safe harbor to nationals of countries suffering from war, natural disaster, or other emergencies.
Individuals granted status can legally remain and work in the U.S. for renewable 18-month periods.
At the center of the legal fight is a TPS designation made in October 2023.
It was extended again by Biden in January, just before Trump returned to office.
The protections were originally set to expire in October 2026, but in February, Noem moved to unwind the designations early, triggering a legal challenge.
In April, a federal judge in the Northern District of California blocked the rollback, citing potential racial bias behind the move.
But the Trump administration fired back, arguing the judiciary had no business second-guessing decisions made under the executive branch’s immigration authority.
At the time, Trump’s border czar Tom Homan called the move “Another activist judge making a stupid ruling.”
“I’ve been around since 1984 — and ‘temporary protected status’ is never temporary,” Homan added.
“Bf you look at that decision, it’s based on opinion, not the rule of law.”
WATCH:
🚨Tom Homan sounds off on judge blocking Trump’s effort to end TPS for Venezuelan illegals:
"Another activist judge making a stupid ruling."
"I've been around since 1984 — and 'temporary protected status' is never temporary."
"If you look at that decision, it's based on… pic.twitter.com/fymufGw3HO
— Western Lensman (@WesternLensman) April 1, 2025
In the emergency application to the Supreme Court, Solicitor General D. John Sauer said:
“The court’s order contravenes fundamental executive branch prerogatives and indefinitely delays sensitive policy decisions in an area of immigration policy that Congress recognized must be flexible, fast-paced, and discretionary.”
The move was challenged by the National TPS Alliance and individual Venezuelans, who argued the administration was trying to dodge judicial oversight altogether.
“It should be unremarkable that federal courts say what the law is,” their lawyers wrote.
Monday’s ruling comes just days after the high court dealt a blow to Trump’s immigration playbook in a separate case.
In that decision, the court ruled that immigrants detained under the Alien Enemies Act must be given a real chance to contest deportation.
While litigation over the TPS rollback continues in lower courts, the Supreme Court’s order clears the way for the Trump administration to begin rescinding protections while the legal fight plays out.
