Venezuelans

Oct. 3 (UPI) — The Trump administration can resume its deportation of Venezuelans after the Supreme Court again overturned a lower court’s block on ending the temporary protected status.

The Department of Homeland Security in August ended the TPS protection for about 300,000 “migrants” from Venezuela, which U.S. District Court for Northern California Judge Edward Chen blocked on Sept. 5.

Chen’s ruling is the second in which he blocked the Trump administration’s effort to end protected status for Venezuelans, which the 9th Circuit Court of Appeals in San Francisco upheld in August, The Hill reported.

The Supreme Court overturned Chen’s first ruling when the Trump administration sought an emergency hearing in May, according to The New York Times.

Chen, who was appointed by President Barack Obama, afterward said the Supreme Court ruling lacked detail and again blocked the Trump administration from ending the TPS protection.

The Supreme Court agreed to review the matter again and repeated its earlier ruling.

“Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not,” the unsigned Supreme Court order says.

“The same result that we reached in May is appropriate here.”

Justices Elena Kagan and Sonia Sotomayor said they would have denied the emergency relief request by the Trump administration.

Justice Ketanji Brown Jackson called the court’s ruling “another grave misuse of our emergency docket” in her dissenting opinion.

“We once again use our equitable power to allow this administration to disrupt as many lives as possible as quickly as possible,” Jackson said.

She accused the Supreme Court’s majority of GOP-appointed justices of “privileging the bald assertion of unconstrained executive power over countless families’ pleas for the stability our government has promised them.”

Shortly before leaving office, former President Joe Biden on Jan. 17 extended the temporary protected status for Venezuelans for another two years.

Homeland Security Secretary Kristi Noem ended the protected status within days of the Senate confirming her nomination on Jan. 25.

WASHINGTON — The Supreme Court has ruled for a second time that the Trump administration may cancel the “temporary protected status” given to about 600,000 Venezuelans under the Biden administration.

The move, advocates for the Venezuelans said, means thousands of lawfully present individuals could lose their jobs, be detained in immigration facilities and deported to a country that the U.S. government considers unsafe to visit.

The high court granted an emergency appeal from Trump’s lawyers and set aside decisions of U.S. District Judge Edward Chen in San Francisco and the 9th Circuit Court of Appeals.

“Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not. The same result that we reached in May is appropriate here,” the court said in an unsigned order Friday.

Justices Elena Kagan and Sonia Sotomayor said they would have denied the appeal.

Justice Ketanji Brown Jackson dissented. “I view today’s decision as yet another grave misuse of our emergency docket,” she wrote. “Because, respectfully, I cannot abide our repeated, gratuitous, and harmful interference with cases pending in the lower courts while lives hang in the balance, I dissent.”

Last month, a three-judge panel of the 9th Circuit Court said Homeland Security Secretary Kristi Noem had overstepped her legal authority by canceling the legal protection.

Her decision “threw the future of these Venezuelan citizens into disarray and exposed them to substantial risk of wrongful removal, separation from their families and loss of employment,” the panel wrote.

But Trump’s lawyers said the law bars judges from reviewing these decisions by U.S. immigration officials.

Homeland Security applauded the Supreme Court’s action. “Temporary Protected Status was always supposed to be just that: Temporary,” Assistant Secretary Tricia McLaughlin said in a statement. “Yet, previous administrations abused, exploited, and mangled TPS into a de facto amnesty program.”

Congress authorized this protected status for people who are already in the United States but cannot return home because their native countries are not safe.

The Biden administration offered the protections to Venezuelans because of the political and economic collapse brought about by the authoritarian regime of Nicolás Maduro.

Alejandro Mayorkas, the Homeland Security secretary under Biden, granted the protected status to groups of Venezuelans in 2021 and 2023, totaling about 607,000 people.

Mayorkas extended it again in January, three days before Trump was sworn in. That same month, Noem decided to reverse the extension, which was set to expire for both groups of Venezuelans in October 2026.

Shortly afterward, Noem announced the termination of protections for the 2023 group by April.

In March, Chen issued an order temporarily pausing Noem’s repeal, which the Supreme Court set aside in May with only Jackson in dissent.

The San Francisco judge then held a hearing on the issue and concluded Noem’s repeal violated the Administrative Procedure Act because it was arbitrary and and not justified.

He said his earlier order imposing a temporary pause did not prevent him from ruling on the legality of the repeal, and the 9th Circuit agreed.

The approximately 350,000 Venezuelans who had TPS through the 2023 designation saw their legal status restored. Many reapplied for work authorization, said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA School of Law, and a counsel for the plaintiffs.

In the meantime, Noem announced the cancellation of the 2021 designation, effective Nov. 7.

Trump’s solicitor general, D. John Sauer, went back to the Supreme Court in September and urged the justices to set aside the second order from Chen.

“This case is familiar to the Court and involves the increasingly familiar and untenable phenomenon of lower courts disregarding this Court’s orders on the emergency docket,” he said.

The Supreme Court’s decision once again reverses the legal status of the 2023 group and cements the end of legal protections for the 2021 group next month.

In a further complication, the Supreme Court’s previous decision said that anyone who had already received documents verifying their TPS status or employment authorization through next year is entitled to keep it.

That, Arulanantham said, “creates another totally bizarre situation, where there are some people who will have TPS through October 2026 as they’re supposed to because the Supreme Court says if you already got a document it can’t be canceled. Which to me just underscores how arbitrary and irrational the whole situation is.”

Advocates for the Venezuelans said the Trump administration has failed to show that their presence in the U.S. is an emergency requiring immediate court relief.

In a brief filed Monday, attorneys for the National TPS Alliance argued the Supreme Court should deny the Trump administration’s request because Homeland Security officials acted outside the scope of their authority by revoking the TPS protections early.

“Stripping the lawful immigration status of 600,000 people on 60 days’ notice is unprecedented,” Jessica Bansal, an attorney representing the Los Angeles-based National Day Laborer Organizing Network, wrote in a statement. “Doing it after promising an additional 18 months protection is illegal.”

Sept. 5 (UPI) — A federal judge on Friday blocked the Trump administration for now from ending Temporary Protected Status for more than 1.1 million migrants from Venezuela and Haiti.

U.S. District Judge Edward Chen in San Francisco ruled that the change unlawfully “truncated and condensed” the timeline to end temporary legal protections and work permits for people who fled the two Latin American nations. He was appointed by President Barack Obama.

About 600,000 Venezuelans had their protections expire in April or on Sept. 10. They have fled political unrest, mass unemployment and hunger since receiving their protected status in 2021. The ruling affects 500,000 from Haiti.

The Department of Homeland Security has attempted to end the status for several countries. Separate litigation is ongoing for migrants from Afghanistan, Cameroon, Honduras, Nepal and Nicaragua.

“This case arose from action taken post haste by the current DHS Secretary, Kristi Noem, to revoke the legal status of Venezuelan and Haitian TPS holders, sending them back to conditions that are so dangerous that even the State Department advises against travel to their home countries,” Chen wrote in a 69-page decision. “The Secretary’s action in revoking TPS was not only unprecedented in the manner and speed in which it was taken but also violates the law.”

The decision only temporarily halted the agency from deporting them. But Chen said he expects Venezuelans will be able to renew this status while the case goes through the courts, including appeals, and ultimately the Supreme Court.

Earlier, he halted a TPS order for several hundred thousand Venezuelans. But the Supreme Court in May allowed the Trump administration to end the program as it goes through the courts.

Chen said his new decision concerned only preliminary relief, and the high court didn’t bar him from deciding on the case based upon its merits under the Administrative Procedure Act, which governs the rule-making process of the agency.

In planning to appeal, Noem said the government will “use every legal option at the Department’s disposal to end this chaos and prioritize the safety of Americans.”

“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program. Its use has been all the more dangerous given the millions of unvetted illegal aliens the Biden Administration let into this country,” the statement obtained by CBS News read.

The Trump administration has argued that conditions in Venezuela and Haiti have improved sufficiently to end those protections.

TPS was established in 1990 to allow for temporary immigrant protections for people experiencing wars, natural disasters or other “extraordinary” conditions.

“For 35 years, the TPS statute has been faithfully executed by presidential administrations from both parties, affording relief based on the best available information obtained by the Department of Homeland Security,” Chen wrote. “This case arose from action taken post haste by the current DHS Secretary, Kristi Noem, to revoke the legal status of Venezuelan and Haitian TPS holders, sending them back to conditions that are so dangerous that even the State Department advises against travel to their home countries.”

When Donald Trump was president during his first term, he attempted to end TPS for several countries, including Haiti. Court cases were blocked during his presidency.

When Joe Biden was president, he designated Venezuela as part of TPS, covering 600,000 migrants. It was expanded to Afghanistan, Cameroon, Haiti and Ukraine.

Haiti was first designated the protection after the magnitude 7.0 earthquake in 2010. The nation faces widespread hunger and gang violence.

Two years later in 2023, he extended protections for those from Venezuela and Haiti.

When Trump became president again in January, Noem sought to reverse the extension for Venezuela and then sought to terminate the designation entirely. Haitians also were included, as well as those from other countries.

“As a matter of law, the Secretary lacked the implicit authority to vacate,” Chen wrote. “Even if she had such authority, there is no genuine dispute that she exceeded that authority.”

The National TPS Alliance and Venezuelan TPS holders in February challenged Noem’s decisions.

“From Day 1, Secretary Noem acted with a sole intent of stripping TPS-holders of their legal status whether or not there was a basis for it,” Emi MacLean, an attorney with the American Civil Liberties Union in Northern California, which represented the plaintiffs, said in a statement to The Washington Post. “This decision recognizes the illegality of that. As a result, TPS protections should go back into effect immediately.”

SAN FRANCISCO — A federal judge on Friday blocked the Trump administration from ending temporary legal protections that have granted more than 1 million people from Haiti and Venezuela the right to live and work in the United States.

The ruling by U.S. District Judge Edward Chen of San Francisco for the plaintiffs means 600,000 Venezuelans whose temporary protections expired in April or whose protections were about to expire Sept. 10 have status to stay and work in the United States. It also keeps protections for about 500,000 Haitians.

Chen scolded Homeland Security Secretary Kristi Noem for revoking protections for Venezuelans and Haitians that the judge said would send them “back to conditions that are so dangerous that even the State Department advises against travel to their home countries.”

He said Noem’s actions were arbitrary and capricious, and she exceeded her authority in ending protections that were extended three times by the Biden administration.

Presidential administrations have executed the law for 35 years based on the best available information and in consultation with other agencies, “a process that involves careful study and analysis. Until now,” Chen wrote.

The Department of Homeland Security did not immediately respond to an email seeking comment.

Temporary Protected Status is a designation that can be granted by the Homeland Security secretary to people in the United States, if conditions in their homelands are deemed unsafe for return due to a natural disaster, political instability or other dangerous conditions.

Millions of Venezuelans have fled political unrest, mass unemployment and hunger. The country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.

Haiti was first designated for TPS in 2010 after a catastrophic magnitude 7.0 earthquake killed and wounded hundreds of thousands of people, and left more than 1 million homeless. Haitians face widespread hunger and gang violence.

Their designations were to expire in September but later extended until February, due to a separate court order out of New York.

Noem said that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from the countries to stay on for what is a temporary program. Attorneys for the government have said the secretary’s clear and broad authority to make determinations related to the TPS program are not subject to judicial review.

Designations are granted for terms of six, twelve or 18 months, and extensions can be granted so long as conditions remain dire. The status prevents holders from being deported and allows them to work.

The secretary’s action in revoking TPS was not only unprecedented in the manner and speed in which it was taken but also violated the law, Chen wrote.

The case has had numerous legal twists, including an appeal to the U.S. Supreme Court. In March, Chen temporarily paused the administration’s plans to end TPS for people from Venezuela. An estimated 350,000 Venezuelans were set to lose protections the following month.

The U.S. Supreme Court in May reversed his order while the lawsuit played out. The justices provided no rationale, which is common in emergency appeals, and did not rule on the merits of the case.

Venezuelans with expired protections were fired from jobs, separated from children, detained by officers and even deported, lawyers for TPS holders said.

The Supreme Court’s reversal does not apply to Friday’s ruling. The government is expected to seek a stay of Chen’s order as it appeals.

Last week, a three-judge appeals panel also sided with plaintiffs, saying the Republican administration did not have the authority to vacate protection extensions granted by the previous administration.

Har writes for the Associated Press.

SAN FRANCISCO — A federal appeals court on Friday blocked President Trump’s plans to end protections for 600,000 people from Venezuela who have had permission to live and work in the United States, saying that plaintiffs are likely to win their claim that the Republican administration’s actions were unlawful.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a lower court ruling that maintained temporary protected status designations for Venezuelans while they challenge actions by the Trump administration in court.

The 9th Circuit judges found that plaintiffs were likely to succeed on their claim that Homeland Security Secretary Kristi Noem had no authority to vacate or set aside a prior extension of temporary protected status because the governing statute written by Congress does not permit it.

Then-President Biden’s Democratic administration had extended temporary protected status, commonly known as TPS, for people from Venezuela.

“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” Judge Kim Wardlaw, who was nominated by President Clinton, a Democrat, wrote for the panel. The other two judges on the panel were also nominated by Democratic presidents.

In an email, a spokesperson for the Department of Homeland Security blasted the decision as more obstruction from “unelected activist” judges.

“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program,” the email read. “While this injunction delays justice and undermines the integrity of our immigration system, Secretary Noem will use every legal option at the Department’s disposal to end this chaos and prioritize the safety of Americans.”

Congress authorized temporary protected status, or TPS, as part of the Immigration Act of 1990. It allows the secretary of DHS to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other “extraordinary and temporary conditions” that prevent a safe return to that home country. The terms are for six, 12 and 18 months.

The appellate judges said the guaranteed time limitations were critical so people could gain employment, find long-term housing and build stability without fear of shifting political winds.

But in ending the protections soon after Trump took office, Noem said conditions in Venezuela had improved and it was not in the U.S. national interest to allow migrants from there to stay on for what is a temporary program. It’s part of a broader move by Trump’s administration to reduce the number of immigrants who are in the country either without legal documentation or through legal temporary programs.

U.S. District Judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections. Chen postponed the terminations, but the Supreme Court reversed him without explanation, which is common in emergency appeals.

It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their U.S. citizen children and even deported.

Protections for the remaining 250,000 Venezuelans are set to expire Sept. 10.

“What is really significant now is that the second court unanimously recognized that the trial court got it right,” said Emi MacLean, a senior staff attorney with the ACLU Foundation of Northern California representing plaintiffs.

She added that while the decision might not benefit immediately those people who have already lost their status or are about to lose their status, Friday’s ruling “should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone.”

A court declaration provided by plaintiffs showed the turmoil caused by the Trump administration and Supreme Court decision.

A Washington woman who worked in restaurants was deported in June along with her daughters, 10 years and 15 months old, after ICE officers told her to bring her children to an immigration check-in. The father of the baby, who is a U.S. citizen, remains in the U.S. while the woman tries to figure out what to do.

Also in June, a FedEx employee appeared in uniform at his required immigration check-in only to be detained, the court declaration states. He slept for about two weeks on a floor, terrified he would be sent to El Salvador’s notorious CECOT prison. His wife cannot maintain the household on her earnings.

“I am not a criminal,” he said in the declaration, adding that “immigrants like myself come to the United States to work hard and contribute, and instead our families and lives are being torn apart.”

Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Their country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.

Attorneys for the U.S. government argued the Homeland Security secretary’s clear and broad authority to make determinations related to the TPS program were not subject to judicial review. They also denied that Noem’s actions were motivated by racial animus.

But the appellate judges said courts clearly had jurisdiction in cases where the actions were unlawful. They declined to address whether Noem was motivated by racial animus.

Har writes for the Associated Press.

Administration has sought to prematurely end status for 600,000 Venezuelans, leaving them vulnerable to deportation.

A federal appeals court has blocked an effort by the administration of President Donald Trump to end special protected status for hundreds of thousands of Venezuelans living in the United States.

On Friday, a three-judge panel of the 9th US Circuit Court of Appeals upheld a lower court’s ruling, which kept in place Temporary Protected Status (TPS) for Venezuelans. The status will remain in place as the legal challenges proceed through the courts.

Before leaving office, the Biden administration had extended TPS for about 600,000 Venezuelans through October 2026.

The Trump administration has sought to end the extension, meaning that the status would expire for approximately 350,000 Venezuelans, who were initially granted protection in 2023, in April of this year, and for approximately 250,000 Venezuelans, who were initially granted the status in 2021, by September.

That would leave those affected unable to legally work and vulnerable to deportation.

US District Judge Edward Chen had previously ruled in March that plaintiffs challenging the end of the protection were likely to prevail on their claim that the administration overstepped its authority.

Lawyers for affected Venezuelans had argued the administration had been motivated by racial animus.

At the time, Chen ordered a freeze on the termination. However, the Supreme Court reversed the ruling in an emergency appeal, temporarily allowing the administration to move forward in cancelling the status.

TPS targeted

Congress created Temporary Protected Status as part of the Immigration Act of 1990.

It allows the secretary of the Department of Homeland Security to grant legal immigration status to individuals fleeing countries experiencing civil strife, environmental disasters, or other “extraordinary and temporary conditions” that prevent a safe return to their home country.

The Trump administration has increasingly targeted TPS recipients in its hardline approach to immigration, moving to terminate the programme for citizens of Haiti, Afghanistan, Cameroon, Honduras and Nicaragua.

While the administration has the authority to choose not to renew TPS, several courts have ruled against efforts to change already designated timelines.

In Friday’s ruling, the judges wrote: “In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics”.

WASHINGTON — The Trump administration is ending the temporary status for nearly 80,000 Hondurans and Nicaraguans that has allowed them to live and work in the U.S. for a quarter of a century after a devastating hurricane hit Central America, according to federal government notices — a move that comes as the White House pushes to make more immigrants in the U.S. eligible for deportation.

The notices are part of a wider effort by the current administration to make good on campaign promises to carry out mass deportations of immigrants. It’s doing this by going after people in the country illegally or those who’ve committed crimes that make them eligible for deportation but also by removing protections from hundreds of thousands of people, many admitted under the Biden administration.

Temporary Protected Status is a temporary protection that can be granted by the Homeland Security secretary to people of various nationalities who are in the United States, which prevents them from being deported and allows them to work. The Trump administration has aggressively been seeking to remove the protection, thus making more people eligible for removal.

Administration says conditions have changed

The Department of Homeland Security said Monday in the Federal Register — in a notice set to become official on Tuesday — that Secretary Kristi Noem had reviewed the country conditions in Honduras and Nicaragua. She concluded the situations there had improved enough since the initial decision in 1999 that people currently protected by those temporary designations could return home.

The department estimated that roughly 72,000 Hondurans and 4,000 Nicaraguans in the U.S. are covered by the status that will now expire in about two months. However, the TPS Alliance, which advocates for immigrants covered by these temporary protections, estimated that about 40,000 Hondurans would be affected because many had obtained legal residency through various immigration channels.

Temporary Protected Status for both nationalities expired Saturday. The notices said the protections will be terminated 60 days after the notices are officially published in the Federal Register.

TPS is usually granted when conditions in someone’s home country make it difficult to return. People covered by it must register with the Department of Homeland Security and then they’re protected from being deported and can work.

However, it does not grant them a pathway to citizenship and the secretary must renew it regularly, often in 18-month intervals.

When their status officially ends, Hondurans and Nicaraguans currently covered by the Temporary Protected Status can be deported and their work permits will be terminated if they can’t find another avenue to stay in the country.

Critics say ‘temporary’ became permanent

Critics say that successive administrations — especially the Biden administration — essentially rubber-stamped these renewals regardless, and people covered by what’s supposed to be a temporary status end up staying in the United States for years.

The Trump administration has already terminated TPS for about 350,000 Venezuelans, 500,000 Haitians, more than 160,000 Ukrainians, and thousands of people from Afghanistan, Nepal and Cameroon. Some of them, like Venezuelans, Haitians and Ukrainians, have pending lawsuits at federal courts.

An additional 250,000 Venezuelans are still protected under TPS until September, as well as thousands of Syrians. TPS for Ethiopians expires in December, for Yemenis and Somalians in March 2026, and for Salvadoreans in September 2026.

During the Biden administration, the number of people protected by TPS grew significantly. Nearly 1 million Venezuelans and Haitians were protected.

Jose Palma, co-coordinator at the National TPS Alliance, said the termination announced Monday will affect people who have lived in the United States for nearly three decades.

“They have established families. Investments. It is a community that …. has undergone annual background checks, that has shown … all its contributions to this country,” Palma said. “It’s cruel what’s happening.”

Litigation delayed ending the protections

Temporary protections for both countries were initially granted in 1999 following 1998’s Hurricane Mitch. The first Trump administration attempted to end the protections but they both remained in place after litigation.

Homeland Security wrote in the Federal Register notice that Honduras had “witnessed significant changes in the 26 years since Hurricane Mitch’s destruction.”

“Honduras has made significant progress recovering from the hurricane’s destruction and is now a popular tourism and real estate investment destination,” the department wrote. The department said the Honduran government in January had launched a plan called “Brother, Come Home,” which aims to help Hondurans deported from the U.S. with money and help finding a job.

Of Nicaragua, Noem wrote: “Nicaragua has made significant progress recovering from the hurricane’s destruction with the help of the international community and is now a growing tourism, ecotourism, agriculture, and renewable energy leader.”

Honduras Deputy Foreign Affairs Minister Antonio García expressed disappointment at the announcement Monday.

“They argue that Honduras has foreign investment, tourism and its program ‘Honduran come home’ and that there are conditions to return,” García said. But he said it was the anti-immigrant sentiment of the Trump administration that was really behind it.

“They came to power with that and they’re getting it done for their electorate,” he said.

Francis García has lived in the United States for almost 30 years and has been a TPS beneficiary for 25. Her three adult children were born in the United States, a country she considers her own.

“I feel sad, worried and scared,” said Garcia, 48, who never went back to her country. “I am very afraid to return to Honduras. I can’t imagine it; I wouldn’t want to.”

Like Garcia, Teofilo Martinez, 57, has lived half of his life in the U.S., most of it under TPS protection. He arrived with nothing but now has his own construction company and he is also a Realtor.

“We ask that our good behavior and contributions be taken into consideration,” Martinez said. “There are no conditions in Honduras for us to return.”

Santana and Salomon write for the Associated Press. Salomon reported from Miami. Marlon González in Tegucigalpa, Honduras, contributed to this report.

Ruling says those deported from US under 1798 law have right to challenge their removal and that Trump administration must help.

A federal judge in the United States has ruled that Venezuelan immigrants deported to El Salvador under an obscure 1798 law must be given the chance to challenge their removals and detention. 

The ruling on Wednesday by Judge James Boasberg is the latest setback to President Donald Trump’s efforts to use the Alien Enemies Act to quickly expel alleged gang members from the US without due process.

Trump initially invoked the wartime law in March, arguing that the presence of the Tren de Aragua gang in the US represented an invasion.

Trump’s use of the law to fast-track deportations was quickly blocked by Boasberg, but not before two planes carrying 238 deportees had already departed the US for El Salvador. The Trump administration refused the judge’s order to turn the plane around.

Boasberg has since said he has found probable cause to believe the administration committed contempt of court.

Upon landing in El Salvador, the deportees were locked up in El Salvador’s Terrorism Confinement Centre, known as the CECOT prison, as part of a deal with the Trump administration.

In Wednesday’s order, Boasberg wrote that there was “significant evidence” indicating that many of the individuals imprisoned in El Salvador are not connected to Tren de Aragua.

They “thus languish in a foreign prison on flimsy, even frivolous, accusations”, Boasberg said.

Court documents previously indicated that some of the men may have been deported based only on their tattoos or clothing.

Boasberg wrote that the administration “plainly deprived” the immigrants of a chance to challenge their removals before they were put on flights.

He ruled that their cases must now be given the right to be heard before a court, as they “would have been if the Government had not provided constitutionally inadequate process”.

“That process – which was improperly withheld – must now be afforded to them,” Boasberg wrote. “Absent this relief, the government could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action.”

The ruling did not expressly order the Trump administration to return the deported people to the US.

The US Supreme Court previously ruled that people deported under the Alien Enemies Act must be given a chance to challenge their removal, and it paused certain planned deportations that would have been conducted using the law.

A case currently being heard by the Fifth Circuit Court of Appeals is expected to eventually make its way to the top court for a final decision.

Until then, various challenges have played out in lower courts, with three federal judges in New York, Texas and Colorado having so far ruled that Trump’s use of the Alien Enemies Act is illegal. A fourth federal judge, in Pennsylvania, has ruled that Trump was within his powers to invoke the law.

Trump campaigned on a pledge to conduct a mass deportation of “criminal” non-citizens living in the US, but his efforts have been hampered by legal challenges and backlogged immigration courts.

Immigration advocates say that has led the administration to seek various means of fast-tracking deportations, including by circumventing due process.

WASHINGTON — President Trump may seek to deport hundreds of thousands of immigrants who recently entered the United States under a two-year grant of parole, the Supreme Court decided Friday.

Over two dissents, the justices granted an emergency appeal and set aside rulings by judges in Boston who blocked Trump’s repeal of the parole policy adopted by the Biden administration.

That 2023 policy opened the door for Cubans, Haitians, Nicaraguans and Venezuelans to apply for entry and a work authorization if they had a financial sponsor and could pass background checks. By the time Biden left office, 530,000 people from those countries had entered the U.S. under the program.

Justices Ketanji Brown Jackson and Sonia Sotomayor dissented.

“The court plainly botched this,” Jackson said, adding that it should have kept the case on hold during the appeals.

It was the second time in two weeks that the justices upheld Trump’s authority to revoke a large-scale Biden administration policy that gave temporary legal status to some migrants.

The first revoked program gave temporary protected status to around 350,000 Venezuelans who were in this country and feared they could be sent home.

The parole policy allowed up to 30,000 migrants a month from the four countries to enter the country with temporary legal protection. Biden’s officials saw it as a way to reduce illegal border crossings and to provide a safe and legal pathway for carefully screened migrants.

The far-reaching policy was based on a modest-sounding provision of the immigration laws. It says the secretary of Homeland Security may “parole into United States temporarily … on a case-by-case basis for urgent humanitarian reasons any alien” who is seeking admission.

Upon taking office, Trump ordered an end to “all categorical parole programs.” In late March, Department of Homeland Security Secretary Kristi Noem announced that the parole protection would end in 30 days.

But last month, U.S. District Judge Indira Talwani blocked DHS’s “categorical” termination of the parole authority. The law said the government may grant parole on a “case-by-case basis,” she said, and that suggests it must be revoked on a case-by-case basis as well.

On May 5, the 1st Circuit Court in a 3-0 decision agreed that a “categorical termination” of parole appeared to be illegal.

Three days later, Solicitor Gen. D. John Sauer filed another emergency appeal at the Supreme Court arguing that a judge had overstepped her authority.

The parole authority is “purely discretionary” in the hands of the DHS secretary, he wrote, and the law bars judges from reviewing those decisions.

While the Biden administration “granted parole categorically to aliens” from four counties, he said the Boston-based judges blocked the new policy because it is “categorical.”

He accused the judges of “needlessly upending critical immigration policies that are carefully calibrated to deter illegal entry, vitiating core Executive Branch prerogatives, and undoing democratically approved policies that featured heavily in the November election.”

Immigrants rights advocates had urged the court to stand aside for now.

Granting the administration’s appeal “would cause an immense amount of needless human suffering,” they told the court.

They said the migrants “all came to the United States with the permission of the federal government after each individually applied through a U.S. financial sponsor, passed security and other checks while still abroad, and received permission to fly to an airport here at no expense to the government to request parole.”

“Some class members have been here for nearly two years; others just arrived in January,” they added.

In response, Sauer asserted the migrants had no grounds to complain. They “accepted parole with full awareness that the benefit was temporary, discretionary, and revocable at any time,” he said.

The Biden administration began offering temporary entry to Venezuelans in late 2022, then expanded the program a few months later to people from the other three countries.

In October of last year, the Biden administration announced that it would not offer renewals of parole and directed those immigrants to apply to other forms of relief, such as asylum or temporary protected status.

It’s unclear exactly how many people remained protected solely through the parole status and could now be targeted for deportation. It’s also not clear whether the administration will seek to deport many or most of these immigrants.

But parolees who recently tried to adjust their legal status have hit a roadblock.

In a Feb. 14 memo, U.S. Citizenship and Immigration Services announced it was placing an administrative hold on all pending benefit requests filed by those under the parole program for Cubans, Haitians, Nicaraguans and Venezuelans, as well as a program for Ukrainians and another for family reunification.

The memo said USCIS needed to implement “additional vetting flags” to identify fraud, public safety or national security concerns.

“It’s going to force people into an impossible choice,” said Talia Inlender, deputy director of the Center for Immigration Law and Policy at the UCLA School of Law. Those who stay face potential detention and deportation, she said, while those who willingly leave the U.S. would be giving up on their applications.

The DHS memo said the government could extend the parole for some of them on a case-by-case basis. But Trump’s lawyers said migrants who were here less than two years could be deported without a hearing under the “expedited removal” provisions of the immigration laws.

Inlender said the government should not be allowed to strip people of lawfully granted legal status without sufficient reason or notice. Inlender, who defended the program against a challenge from Texas in 2023, said she expects swift individual legal challenges to the Trump administration’s use of expedited removal.

“So many people’s lives are on the line,” Inlender said. “These people did everything right — they applied through a lawful program, they were vetted. And to pull the rug out from under them in this way should be, I think, offensive to our own idea of what justice is in this country.”

Legislative, regional elections are the first to allow broad voter participation since last year’s disputed presidential vote.

Venezuelans are casting their ballots in legislative and regional elections under the shadow of a heightened government crackdown and opposition leaders calling for a boycott.

Sunday’s elections are the first to allow comprehensive voter participation since last year’s disputed presidential vote, which President Nicolas Maduro claimed to have won despite contradictory evidence.

It is also taking place two days after the government detained dozens of people, including a prominent opposition leader, and accused them of being linked to an alleged plot to hinder the vote.

In the first hours after the polls opened, members of the military reportedly outnumbered voters in some voting centres in the capital, Caracas. No lines formed outside the polling stations, including the country’s largest – a stark contrast with the hundreds of people gathered around the same time for the July 28 presidential election.

Many people appeared to have lost faith in the electoral process. “I am not going to vote after they stole the elections last year. For what? I don’t want to be disappointed again,” Caracas resident Paula Aranguren said.

In the eyes of the opposition, voter participation legitimises Maduro’s claim to power and what they brand as his government’s repressive apparatus.

After the presidential election, 25 people were reportedly killed and more than 2,000 people were detained – including protesters, poll workers, political activists and minors – to quash dissent. The government also issued arrest warrants against opposition leaders, levelling charges against them ranging from conspiracy to falsifying records.

Despite the risks, campaigning for some has remained a key form of resistance against the government.

“History is full of evidence that voting is an instrument towards democracy,” Henrique Capriles, a former opposition presidential candidate now running for a seat in the National Assembly, told Al Jazeera.

“I believe the way we stood for our rights last year kept alive the peaceful fight for our constitution because voting is what we have left to manifest our rejection of Maduro and his government,” Capriles said.

Meanwhile, the ruling party is touting an overwhelming victory across the country, just as it has done in previous regional elections.

A nationwide poll conducted from April 29 to May 4 by the Venezuela-based research firm Delphos showed only 15.9 percent of voters expressed a high probability of voting on Sunday.

Of those, 74.2 percent said they would vote for the candidates of the ruling United Socialist Party of Venezuela and its allies while 13.8 percent said they would vote for contenders associated with two opposition leaders who are not boycotting the elections.

Maduro accuses the opposition of attempts to destabilise the country.

“The death throes of fascism have tried to bring in mercenaries, and today, we have already captured more than 50 mercenaries who came in to plant bombs or launch violent attacks in the country,” he told supporters before election day.

Political analysts said the chances that free and fair elections would take place are practically nonexistent.

“There won’t be witnesses at the table, very few witnesses. Nobody wants to be a witness,” political analyst Benigno Alarcon told Al Jazeera, adding that low voter turnout, no understanding of who the candidates are and the lack of international observers are likely going to make the elections unfair.

Some voters who cast ballots on Sunday said they did so out of fear of losing their government jobs or food and other state-controlled benefits.

“Most of my friends aren’t going to vote, not even a blank vote,” state employee Miguel Otero, 69, told The Associated Press news agency. “But we must comply. We have to send the photo [showing] I’m here at the polling station now.”

US Supreme Court lets Trump terminate Temporary Protected Status for hundreds of thousands of people from Venezuela.

Washington, DC – The United States Supreme Court has enabled the administration of President Donald Trump to revoke the protected immigration status of about 350,000 Venezuelans.

The top court’s justices issued a brief order on Monday, granting the administration’s request for lifting the suspension that had been placed by a lower court in March.

In February, Secretary of Homeland Security Kristi Noem terminated a 2023 Temporary Protected Status (TPS) designation for Venezuelans that had been issued by the administration of former President Joe Biden.

TPS is a programme that shields noncitizens already in the US on a temporary basis from deportation and allows them to seek a work permit if the Department of Homeland Security (DHS) deems their home country to be unsafe to return to.

Millions of people have fled Venezuela in recent years due to political repression and a crippling economic crisis spurred in part by US sanctions against the government of President Nicolas Maduro.

The Supreme Court did not elaborate on why it sided with the Trump administration on Monday. The ruling simply added that liberal Justice Ketanji Brown Jackson “would deny” the government’s request.

The DHS had argued that TPS designations are not subject to judicial review.

Noem had declared the 2023 designation for Venezuela “contrary to the national interest”, citing gang membership and “adverse effects on US workers”. However, she kept a previous TPS issued for Venezuelans in place.

DHS welcomed the ruling on Monday, saying without evidence that the Biden administration granted TPS to “gang members” and “known terrorists and murderers”.

“The Trump Administration is reinstituting integrity into our immigration system to keep our homeland and its people safe,” the agency said in a social media post.

Several Democrats described the push to deport Venezuelans – part of a border immigration crackdown – as cruel, rejecting the Trump administration’s allegation that people under the TPS designation are criminals and “terrorists”.

“Venezuelans face extreme oppression, arbitrary detention, extrajudicial killings and torture,” Congresswoman Pramila Jayapal said in a statement.

“Poverty levels are surging, and essentials like electricity, water and medical care are scarce. The dire circumstances in Venezuela make it clear that this is exactly the type of situation that requires the government to provide TPS.”

May 19 (UPI) — The U.S. Supreme Court on Monday allowed the Trump administration to revoke special legal protections for nearly 350,000 Venezuelan nationals living in the United States temporarily.

Homeland Security had asked the justices to lift a lower court’s injunction that blocked Secretary Kristi Noem’s revocations of the Temporary Protected Status program, or TPS.

Justice Ketanji Brown Jackson said she would deny emergency relief.

The brief order said Northern California district court order is “stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought.”

The TPS program, created in 1990, provides temporary legal status and work authorization to nationals from countries experiencing armed conflict, natural disasters or other extraordinary conditions.

On Feb. 3, Noem terminated the designation, which began in March 2021 and was extended by the Biden administration in October 2023. On April 7, protected Venezuelans were to lose their government-issued work permits and deportation protections.

Another 250,000 immigrants from the Central American country who arrived before 2023 will lose their status in September.

In all, about eight million people have left Venezuela since 2014 due to political persecution, violence, and a lack of food and access to essential services. In 2023, Nicolás Maduro was elected in a race contested as fraudulent by the opposition and outside observers.

The Venezuelan program is the largest TPS designation.

At least 60 days before a TPS designation expires, the agency’s secretary is required to review the conditions in a country designated for TPS to determine whether the conditions supporting the designation continue to be met.

On March 30, District Judge Edward Chen in San Francisco blocked the action and said the decision to terminate the TPS program for the Venezuelans appeared to be “predicated on negative stereotypes.” The appointee of President Barack Obama said the order was “motivated by unconstitutional animus” and unlikely to prevail in a court’s final decision.

On April 15, Massachusetts-based U.S. District Judge Indira Talwani, also appointed by Obama, separately temporarily blocked a TPS revocation of about 532,000 people from Cuba, Haiti, Nicaragua and Venezuela in the United States. It was appealed to the U.S. Supreme Court

Solicitor General D. John Sauer wrote in the administration’s emergency appeal of the decision by Chen: “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.'”

Seven Venezuelan nationals covered by TPS and a group that represents others challenged the change.

Lawyers for TPS beneficiaries told the Supreme Court in a filing: “Staying the district court’s order would cause far more harm than it would stop. It would radically shift the status quo, stripping plaintiffs of their legal status and requiring them to return to a country the State Department still deems too dangerous even to visit.”

The U.S. State Department advises Americans not to travel to Venezuela, the highest travel advisory level.

At the end of Trump’s first term, officials described Venezuela as “the worst humanitarian crisis in the Western Hemisphere.” A different form of temporary relief to some of its migrants was granted.

This litigation is separate from lawsuits involving Trump’s use of the 1798 Alien Enemies Act to deport alleged Venezuelan gang members. The Supreme Court ruled Friday again against the administration, saying more notice is needed for people to challenge their removal under the act, which has been used during wars. In April, the justices paused deportations of any Venezuelans held in northern Texas.

WASHINGTON — The Supreme Court ruled Monday that the Trump administration may seek to deport nearly 350,000 Venezuelans who were granted “temporary protected status” under the Biden administration to live and work in the United States.

In a brief order, the justices granted a fast-track appeal from Trump’s lawyers and set aside the decision of a federal judge in San Francisco who had blocked the repeal announced by Homeland Security Secretary Kristi Noem.

Justice Ketanji Brown Jackson voted to deny the appeal.

Trump’s lawyers said the law gave the Biden administration the discretion to grant temporary protection to Venezuelans, but also gave the new administration the same discretion to end it.

The court’s decision does not involve the several hundred Venezuelans who were held in Texas and targeted for speedy deportation to El Salvador because they were alleged to be gang members. The justices blocked their deportation until they were offered a hearing.

But it will strip away the legal protection for an estimated 350,000 Venezuelans who arrived by 2023 and could not return home because of the “severe humanitarian” crisis created by the regime of Nicolas Maduro. An additional 250,000 Venezuelans who arrived by 2021 remain protected until September.

“This is an abuse of the emergency docket,” said Ahilan Arulanantham, a UCLA law professor who is representing the Venezuelan beneficiaries of the temporary protected status, or TPS.

He added: “It would be preposterous to suggest there’s something urgent about the need to strip immigration status of several hundred thousand people who have lived here for years.”

It was one of two special authorities used by the Biden administration that face possible repeal now.

Last week, Trump’s lawyers asked the Supreme Court to also revoke the special “grant of parole” that allowed 532,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela to legally enter the United States on personally financed flights.

A judge in Boston blocked Noem’s repeal of the parole authority.

The Biden administration granted the TPS under a 1990 law. It said the U.S. government may extend relief to immigrants who cannot return home because of an armed conflict, natural disaster or other “extraordinary and temporary conditions.”

Shortly before leaving office, Alejandro Mayorkas, Biden’s Homeland Security secretary, extended the TPS for the Venezuelans for 18 months.

While nationals from 17 countries qualify for TPS, the largest number from any country are Venezuelans.

The Trump administration moved quickly to reverse course.

“As its name suggests,” TPS provides “temporary — not permanent — relief to aliens who cannot safely return to their homes,” Solicitor Gen. D. John Sauer wrote in his appeal last week.

Shortly after she was confirmed, Noem said the special protection for the Venezuelans was “contrary to the national interest.”

She referred to them as “dirtbags.” In a TV interview, she also claimed that “Venezuela purposely emptied out their prisons, emptied out their mental health facilities and sent them to the United States of America.”

The ACLU Foundations of Northern and Southern California and the Center for Immigration Law and Policy at the UCLA School of Law filed suit in San Francisco. Their lawyers argued the conditions in Venezuela remain extremely dangerous.

U.S. District Judge Edward Chen agreed and blocked Noem’s repeal order from taking effect nationwide. He said the “unprecedented action of vacating existing TPS” was a “step never taken by any administration.”

He ruled Noem’s order was “arbitrary and capricious” in violation of the Administrative Procedure Act because it did not offer a reasoned explanation for the change in regulations. It was also “motivated by unconstitutional animus,” he said.

The judge also found that tens of thousands of American children could be separated from their parents if the adults’ temporary protected status were repealed.

When the 9th Circuit Court refused to lift the judge’s temporary order, the solicitor general appealed to the Supreme Court on May 1.

Last week, the State Department reissued an “extreme danger” travel advisory for Venezuela, urging Americans to leave the country immediately or to “prepare a will and designate appropriate insurance beneficiaries and/or power of attorney.”

“Do not travel to or remain in Venezuela due to the high risk of wrongful detention, torture in detention, terrorism, kidnapping, arbitrary enforcement of local laws, crime, civil unrest, and poor health infrastructure,” the advisory states.

Trump’s lawyers downplayed the impact of a ruling lifting TPS. They told the justices that none of the plaintiffs is facing immediate deportation.

Each of them “will have the ability to challenge on an individual basis whether removal is proper — or seek to stay, withhold or otherwise obtain relief from any order of removal — through ordinary” immigration courts, he said.

Arulanantham said the effect will be substantial. Many of the beneficiaries have no other protection from deportation. Some have pending applications, such as for asylum. But immigration authorities have begun detaining those with pending asylum claims. Others, who entered within the last two years, could be subject to expedited deportation.

Economic harm would be felt even more immediately, Arulanantham said. Once work permits provided through TPS are invalidated, employers would be forced to let workers go. That means families would be unable to pay rent or feed their children, as well as result in economic losses felt in communities across the country.

WASHINGTON — The Supreme Court on Friday told conservative judges in Texas they must offer a hearing to detained Venezuelans whom the Trump administration wants to send to a prison in El Salvador.

The justices, over two dissents, rebuked Texas judges and Trump’s lawyers for moving quickly and secretly on a weekend in mid-April to put these men on planes.

That led to a post-midnight order from the high court that told the administration it may “not remove any member of the putative class of detainees.” The administration had argued it had the authority to deport the men as “alien enemies” under a wartime law adopted in 1798.

On Friday, the court issued an unusual eight-page order to explain their earlier decision. In doing so, the justices faulted a federal judge in Lubbock, Texas, and the 5th Circuit Court of Appeals for taking no action to protect the due process rights of the detained men.

The order carries a clear message that the justices are troubled by the Trump administration’s pressure to fast-track deportations and by the unwillingness of some judges to protect the rights to due process of law.

On a Saturday in mid-March, Trump’s immigration officials sent three planeloads of detainees from Texas to the maximum-security prison in El Salvador before a federal judge in Washington could intervene. The prisoners included Kilmar Abrego Garcia, a Maryland man who had an immigration order that was supposed to protect him from being sent back to his native El Salvador.

Afterward, Trump officials said the detained men, including Abrego Garcia, could not be returned to this country. They did so even though the Supreme Court had said they had a duty to “facilitate” Abrego Garcia’s return.

The same scenario was nearly repeated in mid-April, but from a different prison in Texas.

ACLU lawyers rushed to file an emergency appeal with U.S. District Judge James Hendrix. They said some of the detained men were on buses headed for the airport. They argued they deserved a hearing because many of them said they were not members of a crime gang.

The judge denied the appeals for all but two of the detained men.

The 5th Circuit Court upheld the judge’s lack of action and blamed the detainees, saying they gave the judge “only 42 minutes to act.”

The Supreme Court disagreed with both on Friday and overturned a decision of the 5th Circuit.

“A district court’s inaction in the face of extreme urgency and a high risk of serious, perhaps irreparable consequences” for the detained men, the justices wrote. “Here, the district court’s inaction — not for 42 minutes but for 14 hours and 28 minutes — had the practical effect of refusing an injunction to detainees facing an imminent threat of severe, irreparable harm.”

“The 5th Amendment entitles aliens to due process of law in the context of removal proceedings. Procedural due process rules are meant to protect” against “the mistaken or unjustified deprivation of life, liberty, or property,” the majority said. “We have long held that no person shall be removed from the United States without opportunity, at some time, to be heard.”

Justices Samuel A. Alito and Clarence Thomas dissented last month, and they did the same on Friday.