The abuse of emergency proceedings is a significant crack in the rule of law.

On October 3, the US Supreme Court (SCOTUS) ruled in favor of the government in a petition filed under the emergency docket. Once again, the Supreme Court prioritized the government’s interest, which is none other than the deportation of vulnerable individuals, despite the decision of the Ninth Circuit judge hearing the merits of the case, who determined that the decision should be suspended. This judge had recognized the devastating impact of ending TPS protection for Venezuela in 2023 because it leaves people at risk of detention and deportation, and without valid work permits.

Alianza Americas regrets the Supreme Court’s decision, which allows the administration, through the emergency docket, to take actions with improper motivations and in disregard of administrative and legal procedures, despite the impact of such actions on people’s lives and rights. Instead of allowing court cases to be heard in the appropriate courts permitting the judges hearing them to issue the temporary measures they deem appropriate to suspend actions that would have devastating consequences, such as the separation of families, prolonged detention, and deportation to a country that does not offer conditions of safety and a dignified life, once again, the Supreme Court ruled in favor of the executive branch. 

The rule of law and the balance of powers are essential elements of a country’s democracy. Alianza Americas knows firsthand the impact of the fragmentation or definitive breakdown of the rule of law in several countries in Latin America and the Caribbean. That is why it is deeply concerning that the U.S. Supreme Court is failing to fulfill its role. The erosion of the rule of law in the United States is troubling.

The approximately 300,000 people covered by TPS for Venezuela in 2023 should be aware that the government has the power to immediately terminate the extension granted by former Secretary Alejandro Mayorkas on January 17, 2025, which would be in effect until October 2, 2026. However, the approximately 5,000 people who received notification of their TPS extension approval between January and February 5 remain protected. In addition, notifications of automatic employment authorization extensions remain in effect; however, these individuals do not have protection from arrest and deportation. There is another group of approximately 300,000 people who were protected under TPS in 2021, with their protection set to expire on November 7, 2025. Although litigation will continue and people will lose protection, the Venezuelan community, along with other immigrant communities, will continue to educate themselves, organize, and create support networks.