Supreme Court Sends NTPSA’s Venezuelan TPS Case Back to Ninth Circuit for Further Consideration
Nationwide — Yesterday, Oct 5th, the U.S. Supreme Court vacated a Ninth Circuit Court of Appeals ruling that held that the Trump administration acted unlawfully in its attempt to vacate and terminate Temporary Protected Status for Venezuelans and sent the case back to the U.S. Court of Appeals for the Ninth Circuit for further consideration.
The Supreme Court did not decide the merits of the National TPS Alliance’s challenge to the administration’s actions. Instead, the Court directed the Ninth Circuit to reconsider the case in light of Mullin v. Dahlia Doe. This June Supreme Court decision limited judicial review of the Secretary of Homeland Security’s decisions to terminate TPS designations.
Plaintiffs National TPS Alliance and individual TPS holders argue that Dahlia Doe did not eliminate jurisdiction over their challenge to the unprecedented decision to “vacate” Venezuela’s TPS status and the termination decision that resulted. Plaintiffs are also opposing the government’s effort to extend a stay that has permitted the termination of Venezuela’s TPS to take effect while the litigation proceeds. If the stay is not extended, Venezuelan TPS holders’ status would be restored pending resolution of the appeal.
“In light of this news, I believe it is prudent to remain calm and wait for greater clarity regarding its scope and implications,” said Ricardo, a Venezuelan TPS recipient and National TPS Alliance member from Katy, Texas. “For thousands of Venezuelans in the United States, TPS represents not only an immigration status but also stability, work, protection, and the chance to continue building a life amid years of uncertainty. Behind every decision related to TPS are families, workers, and communities who have long lived with the worry of not knowing what tomorrow will bring. That is why any news generates hope, but also anxiety, fear, and uncertainty.”
“The National TPS Alliance and its legal team will continue to argue in court against the unlawful termination,” said José Palma, coordinator of the National TPS Alliance. “We will also continue our advocacy work until equal rights and permanent protections are provided to all TPS recipients. One thing is clear: Congress must act to stop the unnecessary separation of TPS families.”
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