On May 13, 2025, the U.S. Supreme Court allowed the termination of Temporary Protected Status (TPS) for more than 348,000 Venezuelans. This decision has significant legal, political, and humanitarian implications. Especially in light of the new administration’s escalating immigration policies.
What is Temporary Protected Status (TPS)?
TPS is a humanitarian program under U.S. immigration law. This program applies to citizens of countries engaged in:
- Military conflict
- Natural disasters
- Humanitarian crises
Temporary protection from deportation and work authorization.
Conditions for granting TPS
The U.S. Secretary of Homeland Security may designate a country for TPS if the country is experiencing:
- Military hostilities
- Environmental disasters
For example, the Joe Biden administration granted Venezuela this status in 2021 and extended it until October 2026.
The Supreme Court’s Role in Ending TPS
The Supreme Court, with a conservative majority (6-3), did not release the reasoning of the decision, as is often the case with emergency applications. Nevertheless, the decision reverses a ruling by District Judge Edward Chen of San Francisco. He found that the Trump administration’s actions violated federal law. The only judge to publicly dissent was Judge Ketanji Brown Jackson.
The Government’s Arguments
The petitioners in the case were TPS holders and the National TPS Alliance. They argued that revoking the status would deprive 348,000 people of work authorization and put them at risk of deportation to an unsafe country. This would result in significant economic losses nationwide.
Deportation and Legal Insecurity
The termination of TPS effectively strips tens of thousands of people of their legal status, making them vulnerable to immediate deportation. Many have lived in the U.S. for years, raising families and paying taxes. “We are defenseless, vulnerable,” said Maria Rodriguez, a TPS holder from Orlando who has lived in the U.S. since 2019.
Work Permit Revocation
For most Temporary Protected Status (TPS) holders, work authorization is the only legal way to support themselves. Losing this authorization automatically means losing the right to work legally. This jeopardizes their financial stability and living conditions. The revocation of work authorization forces many migrants to look for illegal ways to earn money. In doing so, they put themselves at risk of penalties and a worsening legal situation in the United States. Moreover, the loss of legal income not only affects individual families but also hurts community economies.
Humanitarian Risks
According to the United Nations High Commissioner for Refugees (UNHCR), the country remains in a state of deep economic collapse, with shortages of basic goods and services. There are also ongoing political and social crises. Returning migrants to such conditions risks violating their fundamental human rights, including the right to:
- Life
- Security
- Access to health care
Deportation to Venezuela, where there is no guarantee of protection and stability, could have serious humanitarian consequences. This underscores the need to maintain Temporary Protected Status for thousands of people.
Trump’s Expansion of Immigration Policy
Canceling TPS for Venezuelans is part of Trump’s broader strategy to tighten immigration policy. In April, his administration canceled TPS for citizens of Afghanistan and Cameroon. There have also been attempts to use the Alien Enemies Act of 1798 to deport Venezuelans without due process. In another case, the Supreme Court temporarily blocked these deportations, citing insufficient legal justification.
Appeals and Further Litigation
Although the Supreme Court’s decision overturns the district judge’s preliminary injunction, it is not final. The legality of the termination of TPS may be challenged on the merits in further proceedings. It is important to remember that the Court left open the possibility of new lawsuits if work permits and other documents are revoked.
Use of the Administrative Procedure Act (APA)
The APA requires that all federal agency actions be carefully justified and fully comply with applicable law. Information about this law can be found on the official website of the U.S. Environmental Protection Agency. Judge Edward Chen, in a case against the DHS, called the portrayal of all Venezuelans as potential criminals unreasonable and racist. This approach violates the requirements of the APA and the principles of fair enforcement. This was one of the key reasons for the temporary suspension of the termination of Temporary Protected Status.
Applying for Other Forms of Status
Some Temporary Protected Status (TPS) holders may be eligible for asylum or other forms of immigration protection in the U.S. This is especially important for those who have a well-founded fear of persecution or violence if they return to their home countries. The process of applying for asylum or adjustment of immigration status may provide more stable and long-term protection than TPS. Legal assistance in this matter helps to properly prepare documents, gather evidence, and navigate through all stages of the process.
Economic Impact
Experts estimate that ending Temporary Protected Status (TPS) for Venezuelan migrants could cost the United States billions of dollars. This is due to several factors.
- Loss of tax revenue. Disenfranchised migrants will no longer be formally employed and paying taxes.
- Losses to employers. Employers may face labor shortages.
- Increased burden on social services. This will be caused by the worsening economic situation of migrant families and the increased need for assistance from government programs.
These consequences will not only undermine the economic stability of individual regions, but will also have a negative impact on the country’s economy as a whole. This in turn underscores the importance of maintaining temporary protection measures for vulnerable groups.
Reaction From Human Rights Organizations
Legal and human rights organizations, including the UCLA Immigration Law Center, expressed outrage at the court’s decision. They say it is the largest attempt to revoke the status of such a large group of people in recent U.S. history.
How KAASS LAW Can Help?
The loss of Temporary Protected Status (TPS) creates serious legal problems, including the risk of deportation and loss of work authorization. At KAASS LAW, our experienced attorneys stand ready to protect the rights of Venezuelan nationals and other immigrants in this situation. We offer:
- A complete legal evaluation of your current immigration status and possible solutions
- Representation in court to challenge the unlawful termination of TPS or other immigration benefits
- Advice on alternative means of obtaining relief
- Assistance in preparing documents and meeting deadlines
Review of Current Documents
It is critical for Temporary Protected Status (TPS) holders to closely monitor the expiration dates of all immigration documents. This includes work authorizations and other documents related to their status. Pay special attention to documents expiring in October 2026, the period covered by the current extended TPS program for Venezuelans.
Reviewing these documents in advance will help prepare for the potential termination of status in a timely manner and avoid legal problems. Consult attorneys to assess the risks and develop a strategy for how to proceed.
Conclusion
The U.S. Supreme Court’s decision to set a precedent for ending TPS for Venezuelans raises serious legal and humanitarian questions. Although the TPS program is temporary, its termination must be done with fairness and respect for human dignity. Affected individuals are advised to act immediately to minimize the impact of the revocation. Contact KAASS LAW if you are facing deportation or loss of temporary protection. Call 844-522-7752 for a free consultation.