Washington – The Supreme Court for the second time ruled that the Trump administration can cancel the “temporary protected status”, given about 600,000 Venezuelans under the Biden administration.
This step, according to Venezuela’s lawyers, means that thousands of legally real people can lose their work, be detained in immigrations and deported to the country that the US government considers unsafe to visit.
High court He gave an emergency appeal From Trump's lawyers and postponing the decisions of the district judge of the United States Edward Chen in the San Francisco and the 9th District Court of Appeal.
“Despite the fact that the provisions of the case have changed, the legal arguments and the relative harm of the parties, as a rule, have no relative harm. The same result that we reached in May is appropriate here, ”the court said in an unsigned decision on Friday.
Judges Elena Kagan and Sonya Sotomayor said that they would deny an appeal.
Judge Ketanji Brown Jackson did not agree. “I am considering today's decision as another serious abuse of our emergency list,” she wrote. “Because, with respect, I cannot adhere to our repeated, gratuitous and harmful interference in cases that are awaiting consideration in the lower courts, while life hangs on balance, I am dissent.”
Last month, a group of three judges of the 9th District Court stated that the Minister of National Security Christie Nuem succeeded in its legal power, abolishing legal protection.
Her decision “threw the future of these Venezuelan citizens into disorder and subjected them to a significant risk of unlawful removal, separation from their families and loss of work,” the group wrote.
But Trump's lawyers said the law prohibits judges to consider these decisions by American immigration officials.
National security applauded the action of the Supreme Court. “A temporary secure status should always be just like that: temporary,” said Trisha Mclaflin, assistant secretary Trisha. “Nevertheless, previous administrations were abused, operated and disfigured TPS in the program of the de -factor amnesty.”
Congress authorized this secure status for people who are already in the United States, but cannot return home, because their native countries are not safe.
The Biden administration proposed the defense of the Venezuelans from the political and economic collapse, caused by the authoritarian regime of Nicholas Maduro.
Alejandro Majorkas, the Minister of Internal Security led by Biden, provided a protected status to the Venezuelans groups in 2021 and 2023, a total of about 607,000 people.
Majorcas renewed him again in January, three days before the oath of Trump. In the same month, Noem decided to cancel the expansion, which was supposed to expire for both groups of Venezuelans in October 2026.
Soon after, NOEM announced the termination of defense for the 2023 group. By April.
In March, Chen issued an order, temporarily suspending the abolition of Noem, which the Supreme Court postponed in May, only Jackson in disagreement.
Then the judge San Francisco held a hearing on this issue and came to the conclusion of the abolition of Noem violated the law on administrative procedures, because it was arbitrary and not justified.
He said that his previous order, imposing a temporary pause, did not prevent him from making a decision on the legality of the cancellation, and the 9th district agreed.
Approximately 350,000 Venezuelans who had TPS in 2023 saw their legal status. According to Akhilan Arulanantam, co-director of the Center for Immigration Law and Policy at the School of Legal Law of the University of California at the University of California at the University of California at the University of California directors and lawyer of the plaintiffs, many of them were re-brought to work permit.
At the same time, Noem announced the abolition of the designation of 2021, Effectively November 7thField
The General Soliser Trump, D. John Sauer, returned to the Supreme Court in September and called on the judges to postpone the second order from Chen.
“This case is familiar to the court and includes an increasingly familiar and insolvent phenomenon when the courts ignore the orders of this court by order of an emergency list,” he said.
The decision of the Supreme Court again changes the legal status of the group of 2023 and strengthens the end of legal protection for the 2021 group next month.
In the future, the previous decision of the Supreme Court stated that anyone who has already received documents confirming their TPS status or work permit over the next year has the right to save it.
This, Arulanantham said, “creates another completely strange situation when there are some people who will have TPS until October 2026, as expected, because the Supreme Court says that if you already have a document, it cannot be canceled. What simply emphasizes for me how arbitrary and irrational the whole situation is. ”
Supporters of the Venezuens said that the Trump administration did not show that their presence in the United States is an emergency requiring immediate assistance in court.
In a brief presentation Filed on Monday the lawyers of the TPS National Alliance claimed that the Supreme Court should reject the request of the Trump administration, because national security officials acted outside their authority, canceling protection from TPS early.
“The decrease in the legitimate immigration status of 600,000 people in a notification in 60 days is unprecedented,” wrote Jessale, a lawyer representing the national organizational network of national workers in Los Angeles. “To do this after promising an additional 18 -month protection is illegal.”
