Supreme Court Decision Gives Federal Authorities Broad Latitude on TPS Policy

In mid-November, the nation’s highest court issued an 8–1 ruling that offered the Trump administration a clear legal victory. The justices determined that the federal government has wide discretion to decide when a country no longer meets the criteria for humanitarian protection.

This decision allows officials to move forward with ending TPS for roughly 300,000 Venezuelan migrants, a change that had previously been halted by a lower court injunction.

Justice Ketanji Brown Jackson wrote the lone dissent, while the majority concluded that choices involving international relations and immigration policy fall primarily to the executive branch. During oral arguments, Solicitor General John Sauer contended that the lower court had misinterpreted the limits of its authority.

The justices largely agreed, emphasizing that the law gives the Department of Homeland Security broad power to reassess TPS designations based on evolving conditions abroad.

This ruling clears the way for DHS to implement guidance first issued in February by Secretary Kristi Noem. That directive formally ended Venezuela’s TPS status, with the policy scheduled to take effect in April. For many households, especially those with long-standing roots in the United States, the decision has created deep uncertainty about what comes next. Yet for federal agencies, the Court’s opinion provides a definitive answer about who has the final word on TPS policy.Continue reading…