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Trump ends second layer of protection status for migrants

One of the reasons that Joe Biden was able to pack this country with millions of migrants was because he was inventing rules as he went along to change the status of illegals to legal with the wave of a pen.

Biden was giving asylum for using an app, and offered temporary protected status (TPS) to various groups.

When Trump took office, he reversed that status order, and while it has been a fight, he keeps plugging along, including a new order to remove the protection of more migrants.

Stage One

When Trump initially removed the order for Cubans, Haitians, Nicaraguans, and Venezuelans given status by Biden, the liberal world went nuclear, and the order was immediately challenged.

Trump lost in the lower courts, but the Supreme Court stayed the order.

At the time, Karen Tumlin, founder and director of Justice Action Center, stated, “The Supreme Court has effectively greenlit deportation orders for an estimated half a million people, the largest such de-legalization in the modern era.

“Today’s decision beats the record they set just two weeks ago when they allowed the termination of TPS for hundreds of thousands of Venezuelans living in the U.S.”

Fighting Back

The Supreme Court order was only a temporary win, as the stay was put in place to allow the legal process to play out.

In August, a federal appeals panel ruled that Trump could not remove the TPS order from these migrants.

The panel ruled, “In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics.”

That, however, has not stopped Trump from moving forward on this quest.

Round Two

DHS explained that Temporary Protected Status (TPS) for Venezuela under Biden came in two phases, which were put in place in 2021 and 2023. The 2023 order is the one that is working its way through the courts, and the 2021 order is the one that was ended this week.

DHS stated, "Given Venezuela’s substantial role in driving irregular migration and the clear magnet effect created by Temporary Protected Status, maintaining or expanding TPS for Venezuelan nationals directly undermines the Trump Administration’s efforts to secure our southern border and manage migration effectively.

"Weighing public safety, national security, migration factors, immigration policy, economic considerations, and foreign policy, it’s clear that allowing Venezuelan nationals to remain temporarily in the United States is not in America’s best interest.”

This, too, will be fought and litigated, and likely wind up before the Supreme Court when all is said and done. But that ruling is likely to be a quick one, depending on how Trump’s first appeal works out when the Court eventually takes on the case.

By
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September 4, 2025
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