Court Declares Trump's Bid to Terminate TPS for Venezuelans and Haitians Unlawful

A Californian federal judge has rejected the Trump administration's initiative to end the Temporary Protected Status (TPS) program affecting numerous Venezuelan and Haitian migrants.

U.S. District Judge Edward Chen's decision prevents the government from withdrawing temporary protections and employment authorization for Venezuelans and Haitians, unless his decision gets overturned in a higher court.

The ruling came as a response to a lawsuit from the National TPS Alliance and a group of Venezuelan individuals benefiting from the TPS safeguards.

"The swift actions of the current DHS Secretary Kristi Noem to remove legal protections for TPS holders from Venezuela and Haiti, pushing them back to perilous conditions in their homelands, were unprecedented and legally unjustifiable," Judge Chen elaborated in his detailed verdict.

The Supreme Court previously delayed portions of Chen's order, but had not restricted his capacity to evaluate the main case according to the Administrative Procedure Act.

The Department of Justice is expected to file an appeal against this ruling.

In a statement, the Department of Homeland Security criticized the ruling, accusing the TPS program of being misused as an informal amnesty and expressing intent to prioritize American safety through legal channels.

The TPS program, initiated by Congress in 1990, provides temporary reprieve from deportation and work permits for nationals from countries in dire circumstances like war or natural catastrophe.

Under the Biden administration, Venezuela was added to the list, granting temporary status to approximately 600,000 migrants alongside creating similar opportunities for people from nations like Afghanistan and Haiti.

Upon Trump's return to the presidency, Kristi Noem sought to abolish Venezuela's TPS provision and retract similar benefits provided to Haitians.

The lawsuit filed by the National TPS Alliance, in conjunction with Venezuelan beneficiaries, challenged Noem's authority to single-handedly revoke the TPS extensions granted by the prior administration.

Judge Chen highlighted that Noem's actions were unique and unprecedented, marking the first instance in TPS's history where such a withdrawal was attempted without proper procedure.

"Legally, the authority to revoke did not rest with the Secretary. Even if it did, her actions clearly surpassed any given authority," Judge Chen asserted.