What is the Chevron doctrine, and how is it related to the lawsuit over the termination of TPS for Venezuela in 2023?

The Chevron doctrine is a legal principle established by the U.S. Supreme Court in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It states that when a federal law is ambiguous, courts should defer to the interpretation of the federal agency responsible for enforcing that law, as long as the agency’s interpretation is reasonable.

the Chevron doctrine was effectively overturned by the U.S. Supreme Court on June 28, 2024, in the case Loper Bright Enterprises v. Raimondo. The ruling ended the longstanding precedent that required courts to defer to federal agencies’ interpretations of ambiguous laws.

*This time, the government is weaker in court to explain the termination of a TPS?

Yes, without the Chevron doctrine, it will likely be harder for the government to terminate Temporary Protected Status (TPS) for Venezuela (or any country) without strong legal justification.

Why? 1. Courts no longer have to defer to agency interpretations: Before, under Chevron, if the law was unclear, courts would defer to the Department of Homeland Security (DHS) or other agencies’ interpretations. Now, courts will independently review whether the termination follows the law. 2. The government must provide stronger legal arguments: Without automatic deference, the government needs clear and well-supported legal reasons for ending TPS, rather than just relying on DHS’s discretion. 3. Increased legal challenges: Lawsuits against TPS termination could have a higher chance of success if challengers argue that DHS misinterpreted the law. Courts will now analyze the law’s original intent instead of deferring to the agency’s view.

The end of Chevron limits executive power, making it more difficult for DHS to terminate TPS without a solid legal basis that can withstand judicial review. If TPS for Venezuela is challenged in court, judges will not automatically side with the government—they will independently determine whether the termination is lawful.