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Oct 3, 2025  |  
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Stephen Dinan


NextImg:Supreme Court allows Trump to shut down deportation amnesty for Venezuelans

The Supreme Court has ruled that the Trump administration can shut down Temporary Protected Status for Venezuelans, ending a Biden-era deportation amnesty that had protected hundreds of thousands of migrants.

The justices, in an unsigned order Friday, said President Trump can end the program — which means he can carry out deportations of those who were previously in it — while the legal battle rages in lower courts.

It’s the second time the court has had to weigh in and slap down a district judge who ruled against Mr. Trump’s wind-down, accusing him and Homeland Security Secretary Kristi Noem of racist motives.



The justices didn’t address those accusations in their order, but said its own reasoning that Mr. Trump can carry out the shutdown remains the same as before.

The court’s three Democratic appointees announced their dissent.

Justice Ketanji Brown Jackson pointed out that it was Mr. Trump, at the end of his first term, who first decided Venezuelans needed humanitarian protections. He personally issued an order of protection, which the Biden administration converted into TPS.

Then-Homeland Security Secretary Alejandro Mayorkas renewed the TPS several times, including just before he left office.

Ms. Noem then sought to revoke that renewal and end the status early.

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Justice Jackson, echoing lower courts, said the law doesn’t appear to allow for an early termination.

She said those opinions should stand until the high court has a chance to deal with the issue head-on. She chastised the court’s majority for staying the rulings — and effectively making hundreds of thousands of migrants instantly deportable.

“I view today’s decision as yet another grave misuse of our emergency docket. This Court should have stayed its hand,” she said.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.