A federal judge blocked the Trump administration on Friday from ending temporary legal protections that have allowed more than a million individuals from Haiti and Venezuela to live and work in the United States.
The ruling by District Judge Edward Chen in San Francisco benefits 600,000 Venezuelans, whose temporary protections either expired in April or were set to expire on September 10, giving them the right to stay and work in the U.S. It also maintains protections for around 500,000 Haitians.
Chen criticized Homeland Security Secretary Kristi Noem for revoking protections for Venezuelans and Haitians, arguing that her actions would send them “back to conditions so dangerous that even the State Department advises against traveling to their home countries.”
He stated that Noem’s actions were arbitrary and capricious, exceeding her authority by ending protections that had been extended under the Biden administration.
For 35 years, presidential administrations have implemented the law based on the best available information and in consultation with other agencies, a “process that involves thorough study and analysis. Up until now,” Chen wrote.
The plaintiffs and their attorneys welcomed the news on Friday, though it’s unclear whether it will assist those who have already been deported.
“In recent months, individuals have suffered immeasurable harm, including deportations and family separations, due to the Supreme Court greenlighting Secretary Noem’s discriminatory and harmful agenda,” said Emi Maclean, lead attorney for the ACLU Foundation of Northern California. “This must end now.”
A DHS spokesperson stated in an email that the program has been “abused, exploited, and politicized as a de facto amnesty program,” and that “unelected activist judges” cannot halt the American people’s desire for a safe country.
“While this order delays justice, Secretary Noem will use all legal options available to the Department to end this chaos and prioritize the safety of Americans,” the email read.
The Temporary Protected Status (TPS) is a designation that the Secretary of Homeland Security can grant to individuals in the U.S. if conditions in their home countries are deemed unsafe for return due to a natural disaster, political instability, or other dangerous situations.
Millions of Venezuelans have fled political instability, massive unemployment, and hunger. The country is in a prolonged crisis, fueled by years of hyperinflation, political corruption, economic mismanagement, and ineffective governance.
Haiti was first granted TPS in 2010 after a catastrophic 7.0 magnitude earthquake that killed and injured hundreds of thousands, leaving over a million homeless. Haitians face widespread hunger and gang violence.
Their designations were set to expire in September but were subsequently extended until February due to a separate court order from New York.
Noem asserted that conditions in both Haiti and Venezuela had improved, and it was not in the national interest to allow migrants from either country to remain under a temporary program. Government attorneys argued that the Secretary’s clear and broad authority to make TPS decisions is not subject to judicial review.
Designations are granted for periods of six, twelve, or eighteen months and can be extended as long as conditions persist. The status prevents deportation and allows holders to work.
The Secretary’s action to revoke TPS was not only unprecedented in its manner and speed but also violated the law, Chen noted.
The case has experienced multiple legal twists, including an appeal to the U.S. Supreme Court.
In March, Chen temporarily halted the government’s plans to cancel TPS for Venezuelans. It was estimated that 350,000 Venezuelans would lose their protections the following month.
However, in May, the U.S. Supreme Court revoked his order while the case was being processed. The justices did not provide justification, which is typical in emergency appeals, nor did they rule on the merits of the case.
Venezuelans with expired protections were fired from their jobs, separated from their children, detained by officers, and even deported, attorneys for TPS holders reported.
The Supreme Court’s revocation did not impact Friday’s ruling. The government is expected to seek a stay of Chen’s order while it appeals.
Last week, a three-judge appeals panel also ruled in favor of the plaintiffs, stating that the Republican administration did not have the authority to annul the extensions of protections granted by the previous administration.
AP/ Janie Har