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An effort by the Trump administration to unilaterally strip the temporary protected status (TPS) of approximately 350,000 Venezuelan refugees living in the United States was blocked Monday night by a federal court judge who described the order by Secretary of Homeland Security Secretary Kristi Noem as being “motivated by unconstitutional animus.”
In a 78-page ruling, U.S. District Judge Edward Chen in San Francisco said Noem’s rescinding of an order made under the Biden administration “threatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States. At the same time, the government has failed to identify any real countervailing harm in continuing TPS for Venezuelan beneficiaries.”
The ruling puts a pause on the Trump administration’s action, which would have stripped the humanitarian protections next week and opened the door for immediate deportations of those previously granted the right to live in the U.S. due to the economic and political instability in their home country.
Plaintiffs in the lawsuit argued that Trump’s Department of Homeland Security (DHS) violated the Administrative Procedure Act by failing to follow necessary rules set by Congress in reaching its decision to end the protections. “Until now, no administration had ever moved to rescind a grant of TPS protection,” said the Haitian Bridge Alliance (HBA), among the groups that helped bring the challenge in court.
Chen said the TPS holders who acted as plaintiffs in the case — represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy (CILP) at UCLA School of Law, and HBA — were likely to prevail on the merits, showing that Noem’s order was “unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”
Jose Palma, coordinator of the National TPS Alliance, welcomed the decision.
“In the face of adversity, we stand united,” Palma said in a statement after the ruling.
“This is not just a legal win,” Palma continued, “but a testament to the strength of the TPS community and all who fight alongside us. We will continue this fight with unwavering resolve, not only to protect the future of 350,000 Venezuelans but to defend all TPS holders in this country. Together, we will ensure that the voices of those who seek safety and opportunity are heard and that no one is unjustly torn from their families.”
Jessica Bansal, an attorney with NDLON, said, “the Venezuelan TPS holders, like all TPS holders, are living and working lawfully in this country pursuant to a humanitarian program created by Congress 30 years ago. Today’s decision to pause the Trump administration’s unlawful attempt to strip them of protection provides them and their families with much-needed relief.”
One of the plaintiffs, identified by the initials M.H. and due to lose her status within days, also expressed relief.
“My daughter and I rely on TPS to live here,” she said. “Without TPS, I would risk being separated from my husband and young son, both of whom are U.S. citizens. I am beyond elated to know that the judge has granted protection while we continue this fight to protect my family and hundreds of thousands of others.”
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