Victory! Supreme Court Allows End
of Venezuelan TPS

IRLI—now part of FAIR—had shown Court action is within Trump’s authority

WASHINGTON—On Friday, the Supreme Court suspended ([link removed]) , or stayed, an affirmance by the Ninth Circuit Court of Appeals of a lower court’s final judgment that would keep Venezuelans granted an extension of Temporary Protected Status (TPS) by the Biden administration in the country while a lawsuit against the Trump administration’s rescission of that extension went through the courts.

Previously in this case, following a brief ([link removed]) by the Immigration Reform Law Institute (IRLI)—which has since joined the Federation for American Immigration Reform (FAIR)—urging the Supreme Court to stay or suspend an order of the lower court blocking Trump’s rescission, the Court did so.

In Friday’s suspension, the Supreme Court stated that the reasons for its earlier suspension still applied.

In its brief in the Supreme Court, IRLI had showed that, according to longstanding precedent, the President here exercised his inherent authority, as Commander-in-Chief, to protect the nation by excluding aliens, and that the TPS statute should be interpreted not to infringe on this authority.

After the Supreme Court stayed the district court’s preliminary order, the district court doubled down on that order, turning it into a final judgment, and the Ninth Circuit affirmed that final judgment.

On Friday, in suspending that Ninth Circuit ruling, the Supreme Court signaled that the chances that plaintiffs would prevail on the merits of their lawsuit were still low.

“The Supreme Court has repeatedly recognized the President’s inherent authority to exclude aliens, and ‘inherent’ clearly means he may exercise it even when he is not guided by a specific statute,” said Christopher J. Hajec, deputy general counsel of FAIR. “We are pleased the Court refused to rule to the detriment of this vital presidential authority, and granted the stay.”

The case is Noem v. National TPS Alliance, No. 25A326 (Supreme Court).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

To schedule an interview with one of FAIR's
spokespersons, contact:

Hayley Hill

[email protected]
Learn More About FAIR ([link removed])

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