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The U.S. Supreme Court has reversed a lower court’s restriction and approved the Trump administration’s plan to end Temporary Protected Status (TPS) for hundreds of thousands of Venezuelan migrants.
On October 5, the top court reversed the Ninth Circuit’s January ruling that claimed the Trump administration did not have the authority to end President Joe Biden’s TPS policy, which would allow the president to end the status of more than 500,000 Venezuelans.
SCOTUS approved the administration’s petition to reverse the lower court with a grant, vacate, and remand order reading, “Petition GRANTED. Judgment VACATED and case REMANDED,” the Rio Times reported.
The SCOTUS has now vacated the Ninth Circuit’s ruling and sent the case back to the lower court for review.
The Biden administration extended TPS for 268,156 Venezuelans in 2021 and an additional 348,202 in 2023. But Trump ordered his administration to end the program and ruled that the migrants would be eligible for deportation.
However, a federal judge in San Francisco blocked the administration’s move in Sept. of 2025, putting a halt to the termination. The SCOTUS reversed the lower court’s ruling twice, once in May and a second time in October.
The 2021 designation was terminated in a separate ruling in Nov. of 2025, but the Ninth Circuit upheld its block in January of this year.
But in June, the government won a favorable ruling maintaining that the TPS law bars courts from reviewing non-constitutional challenges to an administration’s termination of the program.
Still, that case concerned the status of Haitians and Syrians, not Venezuelans. That led to this current decision maintaining that the June decision also applies to Venezuelans and that the previous decision is “clear.”
The ruling states, “A provision of the TPS statute, 8 U. S. C. §1254a(b)(5)(A), provides… There is no judicial review of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination, or extension of a designation, of a foreign state under this subsection… This text is clear, and its plain meaning is very broad.”
This new “clear” and “broad” ruling should tend to invalidate any other cases looking to throw a wrench into this aspect of the president’s immigration policy.
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