TPS is a humanitarian program that offers temporary protections to certain foreign nationals when conditions in their home countries make return unsafe. Over the past several years, the program has seen several updates, extensions, and reviews as conditions abroad have changed and new administrations have taken office.
During oral arguments, the U.S. Solicitor General emphasized that the lower court’s injunction conflicted with long-standing precedent that gives federal agencies broad discretion in shaping and adjusting immigration programs when conditions evolve.
How TPS Designations Have Shifted Over Time
For the past several years, Venezuela has been the subject of multiple TPS reviews. Earlier designations and extensions were granted based on circumstances that federal officials determined made repatriation difficult. Each review involved consultations with government agencies, legal analysis, and an assessment of conditions within the country.
In early 2025, a new review concluded that the circumstances previously used to justify TPS no longer met the criteria for the most recent designation. The Department of Homeland Security announced its intent to return to the prior policy position. Litigation soon followed, temporarily freezing the change until the Supreme Court intervened this week.
