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The Trump administration asked the Supreme Court on Friday to withdraw protection from deportation granted to about 300,000 Venezuelans living in the United States and accused a lower court of engaging in "unnecessary insult" by ruling otherwise.
The case involves the decision made earlier this year by Homeland Security Secretary Kristi Noem to end a form of humanitarian assistance known as temporary protected status for Venezuelan migrants.
But it also raises broader questions about how courts, including the Supreme Court, are coping with the pace of emergency appeals being spurred by Trump's second term.
The recent appeal to the Supreme Court touched on a fierce debate that has taken shape within the judiciary: how much precedential value an ambiguous Supreme Court order on the issue of emergency can have.
The dispute over TPS for Venezuelans has already reached the Supreme Court this year. In May, over a dissent from liberal Justice Ketanji Brown Jackson, the court allowed Trump to proceed with withdrawing those protections while the case continued in lower courts.
A federal judge in California then issued a new injunction supporting Venezuelans who sued the policy. In its emergency appeal to the Supreme Court on Friday, the administration accused U.S. District Judge Edward Chen and the 9th U.S. Circuit Court of Appeals of taking an “indefensible” stance by again blocking the administration’s policy.
The Supreme Court's initial order in this case gave no reasoning for its decision. The Trump administration argued that it doesn't matter.
A number of trial court judges have expressed uncertainty about how to approach cases when the Supreme Court has provided little or no explanation in its expedited review filing.
A central issue in this case is whether Noem had the authority to revoke the existing TPS designation before it expired.
The Biden administration first granted TPS to Venezuelans in March 2021, citing increasing instability in the country, and extended it to 2023. Two weeks before Trump took office, the Biden administration renewed the protections for another 18 months.
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