Approximately 350,000 Venezuelan immigrants have been left in immigration limbo and at risk of deportation, following a Supreme Court decision this Monday considered by experts to be the “largest deprivation” of legal status for foreigners in modern US history.
The two-paragraph decision issued by the highest US court overturns an emergency order by a lower court judge in California that blocked the White House’s decision to end Temporary Protected Status (TPS) for Venezuelan migrants, granted by the previous administration.
The ruling is a severe blow to the hundreds of thousands of citizens of the Caribbean country who will lose their work permits and the protection against deportation provided by the injunction, despite the ongoing legal battle launched by six Venezuelans and the TPS Alliance.
“The immediate loss of our TPS causes us extraordinary harm. We now fear deportation and will have difficulty supporting ourselves,” one of the Venezuelan plaintiffs in the case, identified as E.R., said in a statement on Monday.
The Trump administration has argued that TPS for Venezuela goes against the “national interest” of the U.S. and that the courts lack the authority to decide “urgent” immigration policy matters.
Lack of a clarity
The lack of a clear ruling from the Supreme Court has left immigrants in uncertainty and plaintiffs’ attorneys awaiting the Trump administration’s next step. Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at the University of California Los Angeles (UCLA) and one of the attorneys who filed the lawsuit, explained at a press conference that the White House now has the option to immediately eliminate the protection, grant a 60-day deadline, or wait for the legal complaint to be resolved. “The humanitarian and economic impact of the Court’s decision will be felt immediately and will resonate for generations,” the attorney noted.
Historic Decision
Pablo Alvarado, director of the National Day Laborers Network (NDLON), one of the organizations that has supported the litigation, told EFE that this is “the first time in modern history” that so many immigrants in the United States have had their legal status stripped away. The activist questioned the justices’ decision, warning that it appeared to be influenced by “politics” and President Trump’s campaign against Venezuelans.
“All of this is part of a campaign to instill fear and terror, because the US government had already granted the protection defined by law to countries experiencing political conflict or natural disasters, and now it is unreasonably reversing it,” Alvarado said. In that sense, E.R. She stated that it is “impossible” for her and her daughter to safely return to Venezuela.
For her part, Emi MacLean, a lawyer with the American Civil Liberties Union (ACLU) of Northern California, which also represents the plaintiffs, indicated that the Supreme Court “also dismantled” legal protections designed to limit executive discretion and “politicize decision-making regarding widespread humanitarian aid.”
José Palma, coordinator of the National Alliance for TPS, formed in 2018 after Trump’s attempt to end protection for more than 400,000 immigrants, said the decision against the Venezuelans’ protection was interpreted as an attack on all beneficiaries. Currently, immigrants from some 16 countries are protected by TPS, including some 200,000 Salvadorans who have had it since 2001.
Very difficult
Adelis Ferro, executive director of the Venezuelan American Caucus, cautioned that, although this was a day “Very difficult,” marking a new stage in the struggle. “You are not alone; everyone’s home is here,” he said.
The Supreme Court is considering another emergency appeal by the Trump administration stemming from its efforts to revoke the humanitarian parole, known as CHNV, which allowed nearly 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States.
