Supreme Court Clears Way to End Temporary Protected Status for Venezuelans, Leaving Thousands in Legal Limbo

By Devin Breitenberg

In a decision with far-reaching consequences for immigration policy and humanitarian protections, the U.S. Supreme Court has permitted the Trump administration to proceed with terminating Temporary Protected Status (TPS) for approximately 350,000 Venezuelan nationals, potentially exposing them to deportation and stripping them of work authorization and legal residency.

The ruling, delivered in a brief order on May 19, 2025, overturns a lower court injunction that had temporarily halted the termination. It allows the Department of Homeland Security (DHS) to move forward with ending the program while legal challenges remain ongoing.

Understanding TPS and Its Venezuelan Context

TPS is a humanitarian protection established by Congress in 1990 under the Immigration Act, intended to shield foreign nationals from deportation if they cannot return to their home countries due to war, environmental disaster, or extraordinary circumstances.

Venezuelans were first granted TPS by the Biden administration in 2021, with subsequent extensions through 2023, citing the political instability, economic collapse, and human rights abuses under President Nicolás Maduro’s authoritarian regime. More than 350,000 Venezuelans applied for and received protection, most settling in Florida, Texas, and other states with large diaspora communities.

In early 2025, Homeland Security Secretary Kristi Noem, appointed by President Trump during his second term, announced that the administration had determined conditions in Venezuela had "sufficiently stabilized," and that TPS should be rescinded. Immigration advocates and international observers strongly disputed this claim, citing ongoing repression, inflation topping 300%, and widespread shortages of medicine and food in Venezuela.

The Supreme Court’s Decision and Legal Ramifications

The case, Gonzalez v. DHS, originated from a coalition of civil rights groups and TPS beneficiaries who sued the federal government in a California district court. That court issued a preliminary injunction blocking the termination, noting that the government had failed to follow proper administrative procedures and had not provided sufficient justification under the law.

However, the Supreme Court's 6–3 decision, which came without oral arguments or a detailed opinion, vacated the injunction and allowed the termination to proceed. The Court did not rule on the merits of the case, meaning legal arguments over the legitimacy of the termination are still pending.

“This is a procedural green light, not a final victory for the government,” said Ahilan Arulanantham, the attorney representing TPS holders. “But practically speaking, this opens the door for hundreds of thousands of people to lose their legal status almost immediately, unless Congress or the administration acts.”

The majority did not issue a written opinion, but Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, issued a rare public dissent, warning that the ruling “threatens to upend the lives of hundreds of thousands of people who have built families, businesses, and communities in the United States.”

Human and Economic Impact

The decision has caused a wave of fear and uncertainty, especially in Florida, home to the largest Venezuelan exile population in the country. In Doral, often called "Doralzuela," many businesses employ TPS holders.

Wilmer Escaray, a restaurant owner who employs about 150 staff, said the majority of his employees are now at risk of losing their work permits. “I don’t know how to keep the business open. These people are like family, and now we’re talking about them being deported back to a dictatorship,” Escaray said.

TPS recipients who lose protection could also face disqualification from driver's licenses, health benefits, and housing subsidies, depending on state regulations. Many have U.S.-born children, adding further strain to families at risk of separation.

In an emotional press conference in Miami, Lucía Fernández, a TPS holder and mother of two U.S. citizens, said, “We fled political persecution and hunger. We built lives here. Now they’re telling us we’re disposable.”

Broader Immigration and Political Fallout

The TPS ruling is widely seen as part of a broader Trump administration push to restructure immigration policy, moving away from humanitarian and temporary protections in favor of more rigid enforcement. Just weeks before the ruling, the administration also announced the cancellation of humanitarian parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans, as well as the reactivation of mass deportation protocols.

Critics say the TPS decision not only undermines international obligations but also threatens economic stability in sectors like construction, hospitality, and caregiving, where TPS holders often work.

Supporters of the ruling, however, argue that TPS was never meant to be permanent. “These were temporary protections extended well beyond their original scope,” said Senator Tom Cotton (R-AR). “We need to restore order and focus on lawful immigration pathways.”

The Biden administration’s policy reversal is also drawing scrutiny. Although the president initially extended TPS, the current DHS under Trump appointees has systematically rolled back humanitarian programs across the board.

What Comes Next?

TPS holders from Venezuela now face a complex and urgent legal landscape. Immigration attorneys advise exploring asylum, family sponsorship, or special immigrant status—though processing backlogs and legal fees make these options difficult for many.

Several Democrats in Congress have introduced legislation to provide a pathway to permanent residency for TPS recipients, but the bills face an uphill battle in a Republican-controlled Senate.

Meanwhile, immigrant rights groups are planning rallies, legal workshops, and lobbying efforts in Washington, D.C., and key battleground states.

“This is a moral test for America,” said María Teresa Kumar, president of Voto Latino. “We cannot claim to be a refuge for the persecuted and then turn our backs on them when it's no longer politically convenient.”

As legal challenges and political debates unfold, Venezuelan families across the U.S. wait in fear—hoping for a lifeline that may never come.

Devin Breitenberg is a legal consultant and senior counsel at Devin Law LLC and legal contributor  for Veritas Expositae.  You can reach her at devin.breitenberg@veritasexpositae.com