In San Francisco, a federal judge has put a hold on the Trump administration’s decision to terminate temporary legal protections for many Venezuelans. These protections were set to end in one week, affecting around 350,000 individuals. U.S. District Judge Edward Chen intervened, offering relief by halting the expiration of their Temporary Protected Status (TPS), originally scheduled for April 7. This interruption came after Homeland Security Secretary Kristi Noem reversed the protections previously granted under President Biden’s administration.
Judge Chen expressed that this decision by Noem risked causing significant harm to the lives, families, and jobs of hundreds of thousands of people. He also highlighted the potential economic devastation and negative impact on public health and safety. The judge critiqued the government for not presenting any substantial harm in maintaining TPS for Venezuelans and argued that Noem’s move might be arbitrary, unauthorized, and rooted in unconstitutional bias.
Chen, nominated by then-President Obama, has applied his ruling nationwide in response to a lawsuit from the National TPS Alliance. The lawsuit challenges plans that would have affected an additional 250,000 Venezuelans announced by Noem. The judge has allowed the government one week to appeal, and TPS holders were given the same time frame to seek similar safeguards for 500,000 Haitians with TPS due to expire in August. Former Secretary Alejandro Mayorkas had extended TPS for all involved groups until 2026.
Pablo Alvarado, co-executive director of the National Day Laborer Organizing Network, remarked on this development as positive for migrants. He emphasized that the fight for TPS originally begun by people from El Salvador has supported citizens from other conflict-affected regions, including Ukraine, Syria, and Sudan. Alvarado underscored the migrant community’s commitment to supporting everyone facing similar threats and the courage needed to advocate for these protections.
The Department of Homeland Security has not responded to requests for comment. Congress established the TPS program in 1990 to permit individuals from countries experiencing natural disasters or conflict to live and work temporarily in the U.S., as determined by the Homeland Security Secretary. The recent changes contrast sharply with the immigration approaches during Biden’s presidency, highlighting the contentious nature of these policies.
During a recent court hearing, attorneys representing TPS holders argued that Secretary Noem lacked the authority to revoke the protections, suggesting her actions were partially driven by racism. Government representatives maintained that the TPS decisions fall under the Secretary’s broad discretion, claiming these decisions should not be subject to judicial review and plaintiffs should not obstruct the Secretary’s orders. However, Judge Chen dismissed these arguments, linking derogatory remarks by Noem and Trump to racial bias against Venezuelans. He cited these comments as indicative of a stereotypical perspective that exemplifies racism.
While President Biden expanded the use of TPS and related protections and sought to open more legal avenues for migrants, opposing the removal of protections for those entering illegally, former President Trump and his administration have pursued a narrower approach. They have contested judicial decisions stalling their efforts toward deportation. Furthermore, the current administration is rescinding a different temporary protection for over 530,000 Cubans, Haitians, Nicaraguans, and Venezuelans who entered the U.S. recently via humanitarian parole authorized by Biden. These individuals are nearing the end of their two-year work permits, set to expire on April 24.