Supreme Court Upholds Biden Administration's TPS Cutoff for Venezuelans, Impacting Thousands

In a significant, albeit uncommented, move, the Supreme Court has sided with the Biden administration in a legal battle concerning Temporary Protected Status (TPS) for a distinct group of Venezuelan migrants. The high court's decision effectively upholds the administration's authority to set specific cutoff dates for TPS designations, impacting approximately 4,000 individuals who had initially received these protections under different circumstances.

The crux of the dispute originated from an administrative oversight by the Department of Homeland Security (DHS) in 2021.

While the Biden administration eventually designated Venezuela for TPS, requiring continuous residence in the U.S. since July 31, 2023, a smaller cohort of Venezuelans had been mistakenly granted TPS much earlier. This administrative error meant these individuals received the crucial protection from deportation and eligibility for work permits ahead of the official, later established cutoff date.

Florida Attorney General Ashley Moody spearheaded the legal challenge against the Biden administration's attempt to reconcile these discrepancies.

Moody argued that revoking the earlier TPS status for this specific group violated the Administrative Procedure Act (APA), contending that the initial grants should stand. Her appeal sought to compel the administration to honor the earlier designation for those affected.

However, the Supreme Court's refusal to hear Moody's appeal serves as an affirmation of the lower court's ruling, which previously supported the Biden administration's discretion in setting and managing immigration policy parameters.

This outcome grants the administration the flexibility to maintain its official July 31, 2023, cutoff date, thereby impacting the legal standing of the 4,000 Venezuelans caught in the middle.

For these individuals, the ruling introduces a new layer of uncertainty. While not an outright termination of TPS for all Venezuelans, it means that the early grants are now effectively nullified.

To retain TPS and its associated benefits, these approximately 4,000 migrants will now need to re-qualify under the broader, official designation, proving continuous residence since the July 31, 2023, date. Failure to do so could leave them vulnerable to deportation and unable to legally work in the United States.

This decision underscores the intricate and often fraught nature of immigration policy implementation, where administrative nuances can have profound real-world consequences for thousands of individuals.

It marks a victory for the Biden administration's operational control over immigration designations, but simultaneously highlights the precarious position of migrants navigating complex and evolving legal landscapes.