Trump administration allows removal of legal protections for thousands of Venezuelans
Washington, DC: According to The Hill, the Trump administration was granted permission by the US Supreme Court on Monday to remove legal protections for thousands of Venezuelans.
The Trump administration said in January that it will take steps to deny Venezuelans Temporary Protected Status (TPS), which prevents deportations because of civil turmoil and hazardous circumstances in the migrant’s home country.
A federal district judge in San Francisco halted the attempts, stating that they “appear predicated on negative stereotypes.” The US Justice Department then appealed the decision to the highest court.
Brown Ketanji Jackson, who was appointed to the court by former US President Joe Biden, was the sole justice to express disapproval of Monday’s decision to remove that judge’s injunction. Neither Jackson nor the majority has provided an explanation for their choices.
According to The Hill, the court’s ruling is a legal victory for the Trump administration, which has filed several emergency appeals before the Supreme Court after district courtsoss the country stopped a number of Trump administration initiatives.
The court on Friday prevented the Trump administration from quickly deporting a group of migrants from Venezuela that it believes are part of a gang.
The decision was announced by US Homeland Security Secretary Kristi Noem, who claimed that the Biden administration tried to bind their hands and “vacated” a prior Temporary Protected Status (TPS) designation made by her predecessor.
“As a result, Secretaries from all administrations have been terminating TPS designations for decades when they believe the statutory requirements no longer justify them. Solicitor General D. John Sauer wrote to the court, “Secretary Noem did just that here.”
It came after the National TPS Alliance filed a complaint, claiming that Noem lacked the authority to revoke the previous designation and that she needed to assess the situation in the nation and provide notice of the decision.
The government has claimed that the courts lacked the authority to examine the case, claiming that any involvement would have violated the executive branch’s authority over international relations. The National TPS Alliance, however, has contended that the role would transfer unbridled authority.
“They could designate China and India to sweeten a trade deal, or Mexico for fifty years to accomplish mass legalization,” the group’s attorneys argued in court documents.
Furthermore, they said, “The government considers such obviously illegal acts to be unassailable ‘determinations.'” The Court shouldn’t drastically increase the Secretary’s authority, particularly when it comes to the emergency docket.
About 300,000 Venezuelans whose safeguards would have otherwise ended in April will be directly impacted by the lawsuit. But according to The Hill, it will also affect an additional 300,000 people whose safeguards are set to expire in September as a result of Noem’s actions.
Noem’s vacatur was previously stopped by a lower court judge who said that her judgment “smacks of racism” after a slew of disparaging remarks she made against Venezuelans.
According to US District Judge Edward Chen of California, the Trump administration was “motivated at least in part by animus” and did not follow the correct process when removing TPS from individuals who were being deported. He said that Noem made repeated accusations that Venezuelans were criminals or members of gangs.
Noem has maintained that under President Nicolas Maduro’s leadership, Venezuela no longer needs the safeguards. However, a large number of Venezuelans have left the country. In addition to political instability, Venezuela is experiencing severe food shortages.
Following its victory in the highest court, the DOHS first mentioned another immigration program that the government is also trying to undermine while mentioning a gang that is mostly associated with countries other than Venezuela.
Assistant Secretary for Public Affairs Tricia McLaughlin said in a statement, “Today’s SCOTUS decision is a triumph for the American people and the protection of our communities. The Biden administration took advantage of schemes to allow ill-screened immigrants, including known terrorists and killers as well as MS-13 gang members, to enter the nation. To protect our country and its citizens, the Trump administration is restoring integrity to our immigration system.
The majority of MS-13’s members are Salvadorans, and the group mostly operates in Central America. According to the article, Trump has classified the Venezuelan gang Tren de Aragua as a foreign terrorist organization.
When Chen’s ruling halting the TPS vacatur was not overturned by the 9th US Circuit Court of Appeals, the Trump administration asked the Supreme Court. The lower courts are now hearing the matter again. Chen has scheduled a hearing on the Trump administration’s decision to dismiss the complaint for July 11; the 9th Circuit has not yet rendered a final verdict on the administration’s appeal.