A U.S. appeals court ruled on January 28 that the Department of Homeland Security (DHS) cannot terminate protections for Venezuelan nationals.
“Congress created [Temporary Protected Status] to provide stability, predictability, and a brief reprieve from deportation to qualifying citizens of designated countries. The catch: that reprieve is guaranteed for no more than 18 months at a time,” the Ninth U.S. Circuit Court of Appeals ruled, adding that DHS has “significant discretion and authority in designating, extending, and terminating a country’s TPS.”
“But by its plain language, the statute does not grant the Secretary the power to vacate an existing TPS designation,” the order, penned by Circuit Judge Kim Wardlaw, notes.
“At bottom, this case comes down to the Secretary’s failure to conform to the strictures of the TPS statute. The Secretary attempted to exercise powers Congress simply did not provide under the statute. Because that conclusion resolves this case in full, we need not, and do not, reach any other aspects of Plaintiffs’ claims,” the court concluded.
DHS revoked TPS for Venezuelan migrants in September, with USCIS spokesman Matthew Tragesser explaining at the time, “Given Venezuela’s substantial role in driving irregular migration and the clear magnet effect created by Temporary Protected Status, maintaining or expanding TPS for Venezuelan nationals directly undermines the Trump Administration’s efforts to secure our southern border and manage migration effectively.” Tragesser added that “allowing Venezuelan nationals to remain temporarily in the United States is not in America’s best interest.”
The Supreme Court later upheld the DHS order in a 6-3 decision, blocking a decision by U.S. District Judge Edward Chen.
