Key Takeaways
• Supreme Court ended TPS for 350,000 Venezuelans, enabling deportations starting May 19, 2025.
• Alien Enemies Act used controversially to justify rapid deportations despite no war with Venezuela.
• Class action lawsuit J.G.G. v. Trump protects Venezuelans nationwide in deportation challenges.
On May 19, 2025, the U.S. Supreme Court delivered a decision with immediate and far-reaching consequences for approximately 350,000 Venezuelans living in the United States 🇺🇸. The Court allowed the Trump administration to move forward with ending Temporary Protected Status (TPS) for Venezuelans, a move that exposes hundreds of thousands to possible deportation. This decision comes amid a wave of lawsuits, emergency court orders, and a rapidly changing legal landscape, leaving many Venezuelan families in a state of uncertainty and fear.
Below, we break down what has happened, why it matters, and what Venezuelans and their advocates can do right now. We also explain the technical terms, provide real-world examples, and offer practical steps for those affected.
What Is Temporary Protected Status and Why Was It Granted to Venezuelans?
Temporary Protected Status (TPS) is a humanitarian immigration program that allows people from certain countries to live and work legally in the United States 🇺🇸 when their home countries are considered unsafe due to war, natural disasters, or other extraordinary conditions. TPS does not provide a path to permanent residency or citizenship, but it does protect recipients from deportation and allows them to apply for work permits.
Venezuelans first received TPS in 2021 because of the severe humanitarian crisis in Venezuela. The U.S. government recognized that returning people to Venezuela would put them at risk due to violence, political instability, and lack of basic services. In 2023, the Biden administration extended these protections through 2026. However, when President Trump returned to office in 2025, his administration moved quickly to terminate TPS for Venezuelans, arguing that conditions had changed and that the program was being misused.
Supreme Court Decision: What Happened and What Does It Mean?
On May 19, 2025, the Supreme Court allowed the Trump administration to end TPS for Venezuelans. This decision put on hold a previous federal court ruling that had kept TPS protections in place. As a result, the government can now begin the process of removing TPS holders from the United States 🇺🇸, although the exact timeline and procedures remain unclear.
Key points from the Supreme Court’s action:
- TPS termination can proceed: The government is no longer blocked from ending TPS for Venezuelans.
- Work permits in limbo: The Department of Homeland Security (DHS) has not yet updated its official guidance. As of now, work permits for 2023 TPS holders are still listed as auto-extended through April 2026, but this is “under protest pursuant to court order.”
- Legal uncertainty: Many Venezuelans do not know if they are still protected or if they could be detained and deported at any time.
According to analysis by VisaVerge.com, this is the largest single action in recent U.S. history to strip a group of noncitizens of their legal status.
The Alien Enemies Act: An Old Law With New Consequences
In addition to ending TPS, the Trump administration is using the Alien Enemies Act (AEA) to justify the rapid deportation of Venezuelans. The AEA is a law from 1798 that allows the president to detain and remove nationals of countries considered enemies during times of war or invasion.
Why is this controversial?
- The United States 🇺🇸 is not at war with Venezuela.
- The AEA has rarely been used in modern times.
- The administration claims that some Venezuelans are security threats or gang members, but advocates argue that many are being swept up without evidence or due process.
Class Action Lawsuits: Venezuelans Fight Back in Court
Facing mass deportation, Venezuelan migrants and their advocates have turned to the courts. The most important case so far is J.G.G. v. Trump, where a federal court certified a nationwide class of Venezuelans challenging their deportations under the AEA and TPS termination.
What does class certification mean?
- A class action allows a group of people with similar legal claims to join together in one lawsuit.
- On March 15, 2025, the court certified a class that includes all noncitizens in U.S. custody subject to the March 15 Presidential Proclamation.
- This means that legal decisions in the case can protect not just the named plaintiffs, but thousands of other Venezuelans in similar situations.
Temporary Restraining Orders (TROs):
- Courts in Texas, New York, and Colorado issued TROs in March and April 2025, temporarily stopping deportations while the lawsuits moved forward.
- However, on April 7, 2025, the Supreme Court lifted these TROs, allowing deportations to resume but requiring that migrants receive due process protections.
Due Process: What Protections Do Venezuelans Have Now?
The Supreme Court ruled that even under the AEA, migrants must be given:
- Notice of removal: Migrants must receive a written notice (often in English) that they are being removed.
- Opportunity to challenge: Migrants must have a “reasonable time” to seek judicial relief, such as filing a habeas corpus petition in the district where they are detained.
- Court hearing: A judge can issue a TRO or injunction to temporarily stop deportation for individuals or groups.
However, there are serious concerns:
- Some migrants receive only 24 hours’ notice, often in a language they do not understand.
- Relief must be sought in the specific district where the migrant is detained, leading to a patchwork of protections across the country.
- Advocates argue that the process is rushed and does not provide enough time or resources for migrants to defend themselves.
Real-World Impact: Deportations and Humanitarian Concerns
The consequences of these policy changes are already being felt. In March 2025, 137 Venezuelans were deported to El Salvador, where they were imprisoned without trial. This happened even though a court order was supposed to pause such removals. Alongside them, 101 others were deported under regular immigration law, and 23 Salvadorans accused of gang membership were also removed.
What does this mean for Venezuelan families?
- Many have lived in the United States 🇺🇸 for years, built families, and established deep ties to their communities.
- Deportation can mean separation from children, loss of employment, and return to dangerous or unstable conditions.
- Some face imprisonment or violence in the countries where they are sent.
Cecilia Gonzalez Herrera, a plaintiff in the lawsuits, described the fear and instability facing Venezuelans: “We have nowhere safe to go. Our lives are here now, but the government wants to send us back to danger.”
Patchwork of Protections: District-by-District Relief
Because the Supreme Court requires that relief be sought in the district where a migrant is detained, protections now vary widely depending on location.
- In southern Texas, a judge permanently blocked AEA deportations in that district on May 1, 2025.
- In other districts, temporary orders may be in place, but they can be lifted at any time.
- The ACLU and other advocacy groups are working district by district to secure broader protections, but there is no nationwide injunction at this time.
Lee Gelernt, an attorney with the ACLU, explained, “We are seeking nationwide relief, but for now, we have to fight in each district where Venezuelans are detained.”
Step-by-Step: What Should Venezuelans Do If They Receive a Notice of Removal?
If you or someone you know is a Venezuelan TPS holder or is detained under the AEA, here are the steps to take:
- Read the Notice Carefully: Even if it is in English, try to understand the reason for removal and the timeline.
- Contact a Lawyer Immediately: Reach out to organizations like the ACLU or the Justice Action Center for legal help.
- File for Judicial Relief: Your lawyer can file an emergency petition (such as a habeas corpus petition) in the federal district court where you are detained.
- Attend Court Hearings: Be prepared to present your case and explain why you should not be deported.
- Monitor Appeals: The government may appeal court decisions, so stay in close contact with your legal team.
- Check Official Updates: Visit the USCIS TPS page for the latest information on your status and work permits.
Important: Each case is different, and the law is changing quickly. Do not ignore any official notices or deadlines.
Multiple Perspectives: What Are Stakeholders Saying?
Trump Administration: Officials argue that the AEA gives the president broad authority to remove noncitizens who are considered security threats, even if the U.S. is not formally at war with their home country.
Advocacy Groups: Civil rights organizations, including the ACLU, say that the administration’s actions violate due process, U.S. law, and international human rights standards. They point to rushed procedures, lack of translation, and the risk of sending people back to harm.
Federal Judges: Some judges have blocked deportations in their districts, demanding more robust due process protections. Others have allowed removals to proceed, citing the Supreme Court’s rulings.
Legal Scholars: Experts note that the Supreme Court’s willingness to grant relief to “putative” (not yet certified) classes shows the urgency of the situation, but also raises questions about the limits of judicial power.
Historical Context: How Did We Get Here?
- 2021: TPS granted to Venezuelans due to unsafe conditions in Venezuela.
- 2023: Biden administration extends TPS through 2026.
- 2025: Trump administration moves to terminate TPS and uses the AEA to justify deportations.
- March–May 2025: Dozens of lawsuits and emergency court orders are filed across the country, with mixed results.
The use of the Alien Enemies Act against Venezuelans is unprecedented. The law was originally intended for times of declared war, not for humanitarian crises.
What’s Next? The Future for Venezuelan TPS Holders
Pending Litigation: Multiple lawsuits are still active in federal courts. The ACLU and other groups are pushing for broader injunctions and challenging the constitutionality of the AEA’s use against Venezuelans.
Policy Uncertainty: The Department of Homeland Security has not issued updated guidance on TPS status. Work permits may still be valid for some, but this could change quickly.
Congressional Action: There is growing pressure on Congress to address the situation, but no new laws have been passed as of May 2025.
Advocates’ Goal: Ultimately, advocates want a nationwide injunction or new legislation to protect Venezuelans from deportation and provide a path to permanent residency.
Official Resources and Where to Get Help
- USCIS TPS Information: For the latest updates on TPS status, work permits, and official notices.
- ACLU: For legal assistance and updates on ongoing litigation.
- Justice Action Center: Advocacy and legal resources for migrants.
- Federal Court Websites: For case status and filings in your district.
Actionable Takeaways for Venezuelans and Their Families
- Stay informed: Check official government websites and trusted advocacy groups for updates.
- Seek legal help: Do not try to handle removal proceedings alone. Legal aid organizations can help you understand your rights and options.
- Document everything: Keep copies of all notices, court documents, and communications with authorities.
- Act quickly: Deadlines for challenging removal can be very short—sometimes just 24 hours.
- Connect with community groups: Support networks can help with translation, transportation, and emotional support.
The situation for Venezuelans with Temporary Protected Status in the United States 🇺🇸 is changing rapidly. The Supreme Court’s recent decision has put thousands at risk of deportation, but legal battles continue in courts across the country. While some protections remain in place in certain districts, there is no guarantee of safety for all. Venezuelans and their advocates must remain vigilant, informed, and ready to act as the legal and political landscape evolves.
For the most current information, visit the USCIS TPS page and consult with a qualified immigration attorney.
Learn Today
Temporary Protected Status (TPS) → A humanitarian program protecting foreigners from deportation due to unsafe country conditions.
Alien Enemies Act (AEA) → A 1798 law permitting detention and removal of nationals from enemy countries during war.
Class Action Lawsuit → A legal case where a group with similar claims sues together for shared relief.
Temporary Restraining Order (TRO) → A court order temporarily halting actions like deportations during legal disputes.
Habeas Corpus → A legal petition allowing detainees to challenge the legality of their detention.
This Article in a Nutshell
On May 19, 2025, the Supreme Court allowed ending TPS for Venezuelans, risking deportations of 350,000. Lawsuits and court orders fight this. The controversial Alien Enemies Act is used. Venezuelans face legal uncertainty but continue to seek protections amid evolving policies and varied district court rulings.
— By VisaVerge.com
