Supreme Court Rules on Venezuelan Migrants' Protected Status
A police officer is seen outside the Supreme Court of the United States on Thursday May 15, 2025 in Washington, DC. Credit - Matt McClain—TheThe Supreme Court on Monday ruled in an emergency order that the Trump Administration can remove legal protections from thousands of Venezuelan migrants, potentially putting them at risk of deportation.
The decision will allow the Administration to reverse a decision made under former President Biden to extend Venezuelans' eligibility for Temporary Protected Status (TPS), which grants foreign nationals work authorization, protects them from deportation, and allows them to travel.
Eligibility for the protections was set to expire for Venezuelans in October 2026, after former Homeland Security Alejandro Mayorkas extended the 2023 Venezuela TPS designation. But in February, Homeland Security Secretary Kristi Noem sought to reverse that extension and make the protections expire this October instead.
A San Francisco federal judge barred the Administration from terminating TPS for Venezuelans in a March ruling. But the nation's highest court issued a stay on Monday, allowing the Administration's new policy to remain in place while litigation over the decision continues in the lower courts.
More than 300,000 Venezuelans in the U.S. have TPS. The status does not offer recipients a legal pathway to citizenship.
More than a dozen countries, including Haiti and Nicaragua, are currently designated for TPS. In March, Noem also moved to cancel TPS protections for Afghanistan.
The order says that Justice Ketanji Brown Jackson would have denied the application.
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Schmiechen was informed Thursday night, however, that an asylum officer rejected the claim, calling it 'a betrayal all around.' 'I feel like this is a betrayal against our law, against the America that is a sanctuary for so many, and against young Aliaksandr, who fled for his life and seeks to live peacefully with his family,' Schmiechen told The Hill. 'It's a betrayal because the government attorneys betrayed the law with their motion to dismiss, knowing that it would lead to Aliaksandr's detention. It's a betrayal because the American government is using taxpayer money unnecessarily to detain Aliaksandr, and it's a betrayal to Aliaksandr, whose detention is treating him like a criminal, though he's not one.' The arrests come as the GOP at large has vented frustration at the immigration court system, where cases can languish in a years-long backlog. The Department of Homeland Security defended the courthouse arrests as well as their use of expedited removal. 'Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been,' the department said in a statement. 'If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation.' Goldman also criticized ICE for using plainclothes officers, saying that in his observations, agents had printed out photos of those they would be arresting and were often wearing masks. 'When I asked them, 'Why are you wearing a mask?' One person told me, 'Because it's cold.' I asked him if he would testify to that under oath, and he walked away and wouldn't respond to me,' he said. 'Another person admitted that they were wearing masks so that they are not caught on video. And my question to them is: 'If what you are doing is legitimate, is lawful, is totally aboveboard, why do you need to cover your face?'' Schmiechen said she's working quickly to explore other options for Aliaksandr Baluty, including requesting that his credible fear claims be reviewed by an immigration court judge. If that doesn't work, she's planning to make a filing in federal court. 'I just feel like we don't have much time at this point,' she said. To Vadzim Baluty, the whole episode has chilling parallels with what he experienced in Belarus. 'This is how it began,' he said. The arrest of his son, just feet from the courthouse doors, happened in less than 60 seconds and left him in shock. He said he never imagined the words 'stop prosecution' could have led to 'expulsion from the country and separation of father and son.' 'Everything is starting to remind us that we are not in a free country. What is happening today is vaguely reminiscent of the birth of a dictatorship, when they categorically begin to solve the political issue at the moment with immigration,' he said. 'I don't feel safe now. None of the immigrants feel safe in the U.S.'
