Homeland Security Secretary Kristi Noem speaks during her confirmation hearing before the U.S. Senate Homeland Security and Governmental Affairs Committee on Jan. 17, 2025. (Photo by Eric Thayer/Getty Images)

A federal judge in California said Thursday he is considering issuing an order to preserve work permits for a small group of Venezuelans with temporary protected status, which allows migrants to live in the United States for a set period without fear of deportation.

They were granted these extended protections by immigration officials before the U.S. Supreme Court’s decision that allowed the Trump administration to revoke those protections.

A hearing before U.S. District Judge Edward Chen was the first in the case since the Supreme Court on May 19 allowed the Trump administration to end temporary protections for a group of 350,000 Venezuelans and vacated Chen’s order blocking the administration’s move.

Chen, who was appointed by former President Barack Obama to a seat in the Northern District of California, acknowledged that the Supreme Court’s decision has left an “island” of about 5,000 Venezuelans who have gotten work permits approved until October of 2026 — before the high court’s order moved up the date their TPS status expired.

“It’s a small exception,” he said.

Attorneys for those TPS holders filed an emergency motion to protect that subgroup to keep those work and deportation protections through October 2026. They are also pushing for an expedited hearing schedule to challenge the administration’s revocation of protections because the group of Venezuelans lost protections in April, meaning they are subject to deportation.

“Every day that there’s not a final decision in this case, our plaintiffs are now subject to deportation, are now losing their jobs, and we need to move urgently towards a final resolution in this case,” Jessica Karp Bansal, who is representing the National TPS Alliance, said at a Thursday hearing.

Back and forth

In March, Chen found that Homeland Security Secretary Kristi Noem’s decision to revoke extended protections for Venezuelans previously granted under the Biden administration until October of 2026 was arbitrary and capricious. His order overturned Noem’s revocation of protections for one group of Venezuelans who were placed on TPS in 2023.

The group of Venezuelans given protections in 2023 were initially scheduled to lose that status on April 7, meaning the Supreme Court’s May decision allowed Noem to immediately revoke the extended protections. The second group’s protections will end in September.

The groups who brought the suit against Noem represent TPS holders from Venezuela. The immigration groups have amended their complaint to include TPS holders from Haiti, whose protections will expire in August after Noem revoked an extension.

A federal district court in New York this week held oral arguments on the termination of TPS for more than 300,000 Haitians.

The California case is also before the 9th Circuit Court of Appeals, which will hear oral arguments in July.

Noem cited gang activity as her reason for not extending TPS for the 2023 group of Venezuelans.

The attorneys and the American Civil Liberties Union, on behalf of the TPS holders, are also pressing for discovery to obtain records and documents to show the decision process for ending TPS for nationals from Venezuela and Haiti.

Chen set a status conference for June 24 at 1 p.m. Pacific Time. 

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

WASHINGTON — The Trump administration is asking the U.S. Supreme Court to lift its own injunction placed last month in the Northern District of Texas to allow for the deportation of a group of Venezuelan nationals under an 18th-century wartime law.

In the Monday filing, the Trump administration stated that the 176 Venezuelans have alleged ties to the Tren de Aragua gang, and are therefore subject to removal under the Alien Enemies Act of 1798.

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that detaining suspected members of the Tren de Aragua gang poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

She said that 23 migrants barricaded themselves in the Bluebonnet Detention Facility in Anson, Texas. and “threatened to take hostages, and endangered officers.” Reuters sent a drone over the facility, and captured images of the detained men spelling out SOS with their bodies, over fears that they would be sent to El Salvador. 

The Trump administration has removed those subject to the Alien Enemies Act to a notorious mega-prison in El Salvador.

The administration request stems from an April 18 emergency application from the American Civil Liberties Union that asked the high court to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

The justices, in a 7-2 ruling, ordered that while the lower case is before the 5th Circuit Court of Appeals, “the Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.”

Monday’s filing by Solicitor General D. John Sauer argues that those Venezuelans subject to the proclamation must be deported because the migrants “have proven to be especially dangerous to maintain in prolonged detention.”

In a Wednesday response, the ACLU warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

“And under the government’s position, courts will lack authority to remedy unlawful removals to the CECOT Salvadoran prison, where individuals could be held incommunicado for the remainder of their lives,” according to the ACLU brief.

In a separate emergency filing that issued a nationwide injunction that barred the Trump administration from invoking the proclamation, the Supreme Court ruled that, for now, the Trump administration can continue to use the Alien Enemies Act.

But the justices unanimously ruled that those who are subject to the wartime law must be given proper due process as enshrined in the U.S. Constitution.

Several federal judges have blocked the use of the wartime law in their districts that cover Colorado, Northern and Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

In court documents, the Trump administration has noted that adequate time for someone to challenge an Alien Enemies Act designation is roughly 12 hours. 

Homeland Security Secretary Kristi Noem delivers remarks to staff at the department's Washington, D.C., headquarters on Jan. 28, 2025. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — The U.S. Justice Department made an emergency request to the U.S. Supreme Court on Thursday, asking the justices to lift a lower court’s freeze on the Trump administration’s plans to terminate work authorization and deportation protection for more than 350,000 Venezuelans residing in the United States.

The request to the high court filed by Solicitor General D. John Sauer said an order from a federal judge in California stripped a national security-based power from Homeland Security Secretary Kristi Noem.

“So long as the order is in effect, the Secretary must permit hundreds of thousands of Venezuelan nationals to remain in the country, notwithstanding her reasoned determination that doing so is ‘contrary to the national interest,’” Sauer wrote.

The emergency appeal, which asks the court to rule as soon as possible, was not available on the Supreme Court website late Thursday afternoon but a copy was uploaded by Politico.

The appeal came after the 9th U.S. Circuit Court of Appeals rejected the administration’s request to pause an order from a trial court that blocked Noem’s decision to end Temporary Protected Status for one group of Venezuelans whose protections President Joe Biden extended.

U.S. District Judge Edward Chen of the Northern District of California issued a nationwide pause in early April, noting the immigrant rights groups and TPS holders who brought the suit had a strong claim under the equal protection clause of the Constitution’s 14th Amendment because Noem has “made sweeping negative generalizations about Venezuelan TPS beneficiaries.”

The equal protection clause was meant to bar the government from discriminating against classes of people.

Chen was appointed by former President Barack Obama in 2011.

President Joe Biden granted protections until October 2026 for two groups of Venezuelans. His administration granted about 250,000 Venezuelans TPS in 2021 and 350,000 more in 2023.

Noem cited gang activity as her reason for not extending TPS for the 2023 group of Venezuelans, which, without a court intervention, were set to end in early April after she vacated the protections set under the Biden administration.

TPS allows nationals from certain countries deemed too dangerous to return to remain in the U.S. temporarily. Those with the status have deportation protections and are allowed to work and live in the U.S. for 18 months, unless extended by the Homeland Security secretary.