It looks like some of the Venezuelans who were let in during former President Joe Biden’s term potentially just lost their protected status, opening the door for action from the Trump administration.
The Supreme Court ruled Monday that the Trump administration can strip the Temporary Protected Status (TPS) from nearly 350,000 Venezuelans. The Biden administration granted TPS to approximately 600,000 Venezuelans during his tenure, once in 2021 and again in 2023, when the designation was extended to include the 350,000 Venezuelans documented in the Supreme Court case.
…Notably, while the statute states that this special status could be assigned on a “case-by-case” basis, the Biden Administration unlawfully adopted a wholesale policy granting temporary parole to hundreds of thousands of individuals from four countries — Cuba, Haiti,…
— Jonathan Turley (@JonathanTurley) May 19, 2025
The SCOTUS decision allows the Trump administration to immediately revoke TPS for the nearly 350,000 Venezuelans who received extended status in 2023. However, the Court indicated in its order that it was not ruling out relief for Venezuelans who have already been “issued” work permits or other paperwork extending their legal status through October 2026. This decision merely stayed a lower court order that barred the Trump administration from revoking TPS for these illegal immigrants. (Sign up for Mary Rooke’s weekly newsletter here!)
Still, this is a massive win for President Donald Trump, who has been battling a hostile court system seemingly working against his deportation agenda.
…The language underlying this special status is highly deferential to the government. The status as parolees is temporary and can be terminated, in the view of the Administration…
— Jonathan Turley (@JonathanTurley) May 19, 2025
This begs the question: If he can revoke TPS for nearly 350,000 Venezuelans, who else can he do that for? Biden also extended TPS to around 250,000 Venezuelans in 2023, who were initially granted the designation in 2021. The extension allowed them to keep their designation until October 2026, but now they risk losing this protection under the Trump administration’s policy in September. At that time, DHS Secretary Kristi Noem seemingly has the authority to revoke their status and send them back to their home country. (ROOKE: Trump Made The First Move. It’s High Time We Cull The Culture Vultures)
Although the TPS program was authorized under the Bush Administration in 1990, it was Biden who significantly expanded the number of immigrants who are eligible for the status. It wasn’t just Venezuelans that Biden granted TPS, even though they were the largest cohort. Under his administration, individuals from 16 countries, totaling 1.2 million noncitizens, received or were eligible for TPS, according to Pew Research.
Biden quadrupled the TPS population, from 410,000 in 2020 to over 1.4 million aliens by 2025. Hundreds of thousands who arrived illegally during the border crisis were made “legal” with a stroke of Biden’s (auto)pen.
The majority of TPS recipients were from Venezuela and Haiti. pic.twitter.com/7tvxWr6n9e
— Eric Schmitt (@Eric_Schmitt) May 19, 2025
Among the 1.2 million illegal immigrants granted or eligible for TPS under the Biden Administration were people from Afghanistan, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
While I fully expect the District Courts to continue acting as a blockade to prevent Trump from removing the millions of illegal immigrants currently residing in the U.S., this is hopefully a sign that the Supreme Court acknowledges that it’s lower courts are exerting power over the Executive Branch that they weren’t granted under the U.S. Constitution.
SCOTUS’s emergency order 2day stopped this district judge’s inappropriate ruling Thts welcome news but doesnt solve the larger problem of DISTRICT JUDGE OVERREACH Im continuing 2 push legislative solutions Courts arent intended 2 make policy https://t.co/QxBn97GSYi
— Chuck Grassley (@ChuckGrassley) May 19, 2025
It should be easy to decide. Are these people illegal immigrants? Yes. Should their status be revoked if the federal government decides their home countries no longer need TPS? Yes. If you answered yes to the previous questions, the only reason for SCOTUS to weigh in on these issues is to strongly rebuke the lawless stunts committed by these District judges.
Homeland Security spokesperson Tricia McLaughlin welcomed the ruling, saying, “Today’s SCOTUS decision is a win for the American people and the safety of our communities. The Biden Administration exploited Temporary Protected Status to let half a million 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.”
Today’s SCOTUS decision is a win for the American people and the safety of our communities. The Biden Administration exploited Temporary Protected Status to let half a million poorly vetted migrants into this country—from MS-13 gang members to known terrorists and murderers.
The… pic.twitter.com/tbdFbnm0T7
— Homeland Security (@DHSgov) May 19, 2025
Don’t stop here. The Trump administration was given a rare opportunity to govern. The TPS was always meant to be temporary. It was never meant to provide them with indefinite access to our country. Noem should remove TPS for all illegal immigrants who were granted this status under the Biden Administration.
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