The U.S. Justice Department made an emergency request to the U.S. Supreme Court on Thursday, asking the justices to lift a lower court’s freeze on the Trump administration’s plans to terminate work authorization and deportation protection for more than 350,000 Venezuelans residing in the United States.
The request to the high court filed by Solicitor General D. John Sauer said an order from a federal judge in California stripped a national security-based power from Homeland Security Secretary Kristi Noem.
“So long as the order is in effect, the Secretary must permit hundreds of thousands of Venezuelan nationals to remain in the country, notwithstanding her reasoned determination that doing so is ‘contrary to the national interest,’” Sauer wrote.
The emergency appeal, which asks the court to rule as soon as possible, was not available on the Supreme Court website late Thursday afternoon but a copy was uploaded by Politico.
The appeal came after the 9th U.S. Circuit Court of Appeals rejected the administration’s request to pause an order from a trial court that blocked Noem’s decision to end Temporary Protected Status for one group of Venezuelans whose protections President Joe Biden extended.
U.S. District Judge Edward Chen of the Northern District of California issued a nationwide pause in early April, noting the immigrant rights groups and TPS holders who brought the suit had a strong claim under the equal protection clause of the Constitution’s 14th Amendment because Noem has “made sweeping negative generalizations about Venezuelan TPS beneficiaries.”
The equal protection clause was meant to bar the government from discriminating against classes of people.
Chen was appointed by former President Barack Obama in 2011.
President Joe Biden granted protections until October 2026 for two groups of Venezuelans. His administration granted about 250,000 Venezuelans TPS in 2021 and 350,000 more in 2023.
Noem cited gang activity as her reason for not extending TPS for the 2023 group of Venezuelans, which, without a court intervention, were set to end in early April after she vacated the protections set under the Biden administration.
TPS allows nationals from certain countries deemed too dangerous to return to remain in the U.S. temporarily. Those with the status have deportation protections and are allowed to work and live in the U.S. for 18 months, unless extended by the Homeland Security secretary.
By Ariana Figueroa, News From The States
