Protections for Venezuelans to remain in effect pending a final decision in the case
SAN FRANCISCO - A federal court today blocked the federal government’s attempt to strip Venezuelans of Temporary Protected Status (TPS) while the case moves forward.
U.S. District Court Judge Ed Chen’s ruling in NTPSA v. Noem protects approximately 350,000 Venezuelan TPS holders who were set to lose work authorization on April 3, and deportation protections on April 7. As a result, they will instead retain the humanitarian protections while the case proceeds.
In his 78-page ruling, Judge Chen ruled: “[T]he Secretary’s action 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 judge also sided with plaintiffs in finding that “they will likely succeed in demonstrating that the actions taken by the Secretary are unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.
"In the face of adversity, we stand united. Today’s victory is not just a legal win, 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," said Jose Palma, coordinator of the National TPS Alliance.
“My daughter and I rely on TPS to live here. Without TPS, I would risk being separated from my husband and young son, both of whom are U.S. citizens,” said M.H., a Venezuelan TPS holder and plaintiff who was due to lose her TPS protection in days. “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.”
The suit argues that the Department of Homeland Security (DHS) violated the Administrative Procedure Act as DHS failed to follow necessary rules in reaching its decisions. Until now, no administration had ever moved to rescind a grant of TPS protection.
The suit also challenges the termination as unconstitutionally motivated by racial animus. DHS Secretary Kristi Noem and President Trump have consistently used racist tropes to dehumanize nonwhite immigrants, including in announcing the challenged decisions.
The court order recognized that the secretary’s rationale for terminating TPS for Venezuelans was baseless: “[T]he Secretary’s rationale is entirely lacking in evidentiary support. For example, there is no evidence that Venezuelan TPS holders are members of the TdA gang, have connections to the gang, and/or commit crimes. Venezuelan TPS holders have lower rates of criminality than the general population. Generalization of criminality to the Venezuelan TPS population as a whole is baseless and smacks of racism predicated on generalized false stereotypes.”
The plaintiffs are 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 Haitian Bridge Alliance.
“We are pleased that the court has taken this important step to protect Venezuelan TPS holders pending a final decision,” said Ahilan Arulanantham, faculty co-director of CILP. “The court’s decision provides a crucial protection against mass deportations for a population that this administration has singled out for extreme vilification. As a result of this decision, 350,000 TPS holders will continue to retain the protections promised to them in January—including the right to live and work in this country—while we continue to fight for the rule of law in court.”
“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,” said Jessica Bansal, an attorney with NDLON.
“The court’s ruling affirms that Secretary Noem breached the boundaries of DHS authority,” said Emi MacLean, an attorney with the ACLU Foundation of Northern California. “Judge Chen’s decision today recognizes the critical role of TPS, protecting people who cannot safely return to their home countries. This humanitarian protection cannot be stripped away from hundreds of thousands of people for illegitimate pretextual reasons.”
“This is a win for the rule of law,” said Erik Crew of Haitian Bridge Alliance. “It’s a win for Venezuelan TPS holders, for Haitian TPS holders, and for all people who want to be able to rely on the promises the U.S. makes.”
