Government Detains Hundreds of Venezuelans with TPS Despite Court Ruling

• TPS: Venezuelan arrests
• Lawyers denounce “illegal” detentions
• Case reaches the Supreme Court

The relief felt by nearly 600,000 Venezuelans on September 5, after federal judge Edward Chen reinstated Temporary Protected Status (TPS), has been overshadowed by a new wave of arrests.

Although the ruling restored immigration protection for this community, recent detentions across the country have sparked alarm and confusion, as many interpret them as a direct violation of the judicial order.

Current TPS Situation for Venezuelans in the United States

What is happening

Immigration lawyers argue that these detentions are “illegal.”

“Any Venezuelan whose TPS was reinstated should be released from custody if the only basis for detention was the Trump Administration’s suspension of the benefit,” warned attorney James K. Larsen.

The situation revives the anxiety experienced between May and September 2023, when thousands of TPS holders were left in limbo after the Supreme Court allowed the government to end TPS.

Venezuelan TPS Arrests Across Multiple States

An investigation by The Miami Herald reveals arrests in Florida, Arizona, Texas, Georgia, New York, New Jersey, Oklahoma, California, and Pennsylvania.

Many of those affected belong to the group that received TPS two years ago after entering through the Mexican border, though there are also cases of individuals who arrived with tourist visas.

In addition, several detainees have ongoing immigration cases, including asylum applications and permanent residency processes.

The Role of the BIA and ICE

A ruling from the Board of Immigration Appeals (BIA) limited judges’ ability to question why ICE keeps people in custody if they were not formally admitted into the country. This has enabled the government to detain Venezuelan TPS beneficiaries even without criminal records.

It is worth noting that TPS applicants undergo security checks and only lose protection if convicted of one serious crime or two misdemeanors.

Legal Resources Available

Venezuelan TPS holders who have been arrested are not entirely defenseless.

The Immigration Law and Policy Center at the University of California launched a form allowing families to provide useful information for legal action.

Lawyers suggest two main options: requesting parole or, if denied, filing a habeas corpus petition in federal court.

TPS Before the Supreme Court

The National TPS Alliance filed a brief with the Supreme Court to block the Trump Administration’s attempt to overturn Judge Chen’s ruling.

The document challenges the legality of Homeland Security Secretary Kristi Noem’s decision to strip Venezuelans and Haitians of the TPS protection.

“Stripping 600,000 people of legal immigration status with just 60 days’ notice is unprecedented. (…) The only emergency here is that immigrants with legal status are being fired from their jobs, detained in immigration jails, separated from their families, and deported to a country that U.S. authorities themselves deem too dangerous to even travel to,” said Jessica Bansal, counsel for the National Day Laborer Organizing Network.

Related: Salvadoran Journalist Mario Guevara to Be Deported from the U.S. This Friday

Additionally, 137 Democratic lawmakers, along with academics and economists, signed amicus briefs in defense of program beneficiaries.

The future of TPS for Venezuelans in the United States is once again in the hands of the Supreme Court.

In the meantime, Venezuelan TPS arrests continue to generate uncertainty in a community that, despite a favorable court ruling, still faces risks of detention and deportation.

Do you think the government should immediately comply with the judicial ruling that protects Venezuelans with TPS?

SOURCE: EFE