On Monday, a federal judge in San Francisco issued a temporary halt to the Trump administration’s plans to terminate temporary legal protections for hundreds of thousands of Venezuelans. This judicial order, issued by U.S. District Judge Edward Chen, offers relief to approximately 350,000 Venezuelans whose Temporary Protected Status (TPS) was set to expire on April 7. This move comes after U.S. Homeland Security Secretary Kristi Noem reversed the protections that were initially granted by the Biden administration.
In his ruling, Judge Chen stated that the termination of TPS posed significant risks, threatening to cause irreparable harm to numerous individuals by severely disrupting their lives, families, and employment. He also expressed concerns about potential negative impacts on the U.S. economy and public health.
The judge criticized the government’s decision, arguing that it failed to present any substantial counterarguments against continuing the protections for Venezuelans. The ruling suggested that the actions of Noem were likely to be deemed unauthorized, arbitrary, and driven by unconstitutional bias.
Chen’s decision, which applies nationwide, allows for the continuation of TPS protections and gives the government one week to file notice of an appeal. It also grants plaintiffs a week to seek a pause for 500,000 Haitians facing expiration of their TPS protections by August.
The Department of Homeland Security has not provided an immediate response to the ruling.
Introduced in 1990, TPS allows individuals from countries experiencing natural disasters or civil strife to reside and work in the U.S. temporarily if their home country conditions are unsafe. The protections are reviewed every 18 months and require the approval of the Homeland Security Secretary.
This policy reversal marks a significant shift from the immigration strategies under former President Joe Biden, who expanded legal pathways and suspended asylum for those entering illegally. Legal representatives for TPS holders argued that Secretary Noem lacked the authority to revoke TPS protections, claiming racial bias motivated her actions.
However, government lawyers maintained that Noem acted within her legal rights. Despite this, Judge Chen found this argument unconvincing, noting that derogatory comments made about Venezuelans suggested racial animus played a role in ending the protections.
The broader context of this situation includes recent actions by the Trump administration to revoke temporary protections for over 530,000 individuals, including Cubans, Haitians, Nicaraguans, and Venezuelans, who arrived in the U.S. under humanitarian parole since October 2022. These individuals face the expiration of their work permits on April 24.
