WASHINGTON (AP) — The Trump administration on Friday asked the for an emergency order allowing it to strip legal protections from more than 300,000 Venezuelan migrants.
The Justice Department asked the high court to put on hold a ruling from a federal judge in San Francisco that the administration wrongly ended Temporary Protected Status for the Venezuelans.
The federal appeals court in San Francisco refused to put on hold the ruling by U.S. District Judge Edward Chen while the case continues.
In May, the Supreme Court reversed a preliminary order from Chen that affected another 350,000 Venezuelans whose protections expired in April. The high court provided no explanation at the time, which is common in emergency appeals.
Solicitor General D. John Sauer argued in the new court filing that the justices’ May order should also apply to the current case.
“This case is familiar to the court and involves the increasingly familiar and untenable phenomenon of lower courts disregarding this Court’s orders on the emergency docket,” Sauer wrote.
The result, he said, is that the “new order, just like the old one, halted the vacatur and termination of TPS affecting over 300,000 aliens based on meritless legal theories.”
President Donald Trump’s administration has moved aggressively to withdraw various protections that have allowed immigrants to remain in the country, including ending TPS for a total of 600,000 Venezuelans and 500,000 Haitians who were granted protection during Joe Biden’s presidency. TPS is granted in 18-month increments.
Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters, civil strife or other dangerous conditions. The designation can be granted by the Homeland Security secretary.
Chen found that the Department of Homeland Security acted “with unprecedented haste and in an unprecedented manner … for the preordained purpose of expediting termination of Venezuela’s TPS” status.
In denying the administration’s emergency appeal, Judge Kim Wardlaw wrote for a unanimous three-judge appellate panel that Chen determined that DHS made its “decisions first and searched for a valid basis for those decisions second.”
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