By JANIE HAR
SAN FRANCISCO (AP) — A federal judge on Monday paused plans by the Trump administration to end temporary legal protections for hundreds of thousands of Venezuelans, a week before they were scheduled to expire.
The order by U.S. District Judge Edward Chen in San Francisco is a relief for 350,000 Venezuelans whose Temporary Protected Status was scheduled to expire April 7. The lawsuit was filed by lawyers for the National TPS Alliance and TPS holders across the country.
Homeland Security Secretary Kristi Noem has also announced the end of TPS for an estimated 250,000 additional Venezuelans in September.
Chen said in his ruling that the action by Noem “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.”
He said the government had failed to identify any “real countervailing harm in continuing TPS for Venezuelan beneficiaries” and said plaintiffs will likely succeed in showing that Noem’s actions “are unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”
Chen, who was appointed to the bench by President Barack Obama, a Democrat, said his order applies nationally.
He gave the government one week to file notice of an appeal and the plaintiffs one week to file to pause for 500,000 Haitians whose TPS protections are set to expire in August. Alejandro Mayorkas, the previous secretary, had extended protections for all three cohorts into 2026.
The Department of Homeland Security did not immediately respond to a request for comment.
Congress created TPS, as the law is known, in 1990 to prevent deportations to countries suffering from natural disasters or civil strife, giving people authorization to live and work in the U.S. in increments of up to 18 months if the Homeland Security secretary deems conditions in their home countries are unsafe for return.
The reversals are a major about-face from immigration policies under former President Joe Biden, a Democrat, and come as Republican President Donald Trump and his top aides have ratcheted up attacks on judges who rule against them, with immigration being at the forefront of many disagreements.
At a hearing last Monday, lawyers for TPS holders said that Noem has no authority to cancel the protections and that her actions were motivated in part by racism. They asked the judge to pause Noem’s orders, citing the irreparable harm to TPS holders struggling with fear of deportation and potential separation from family members.
Government lawyers for Noem said that Congress gave the secretary clear and broad authority to make determinations related to the TPS program and that the decisions were not subject to judicial review. Plaintiffs have no right to thwart the secretary’s orders from being carried out, they said.
In public remarks, Noem has described Venezuelans in the U.S. as “dirt bags” and conflated TPS holders with members of a Venezuelan gang even though the vast majority have no criminal history, said Ahilan Arulanantham, an attorney with the Center for Immigration Law and Policy at The University of California, Los Angeles, law school.
“It seems to defame an entire group of 600,000 Venezuelans who are here with this image,” Judge Chen said to government lawyers. “Isn’t that almost the definition of racism?”
Sarah Vuong with the U.S. Department of Justice said Noem was motivated by government objectives on border and national security, not racism.
Biden sharply expanded use of TPS and other temporary forms of protection in a strategy to create and expand legal pathways to live in the United States while suspending asylum for those who enter illegally.
Trump has questioned the the impartiality of a federal judge who blocked his plans to deport Venezuelan immigrants to El Salvador, levelling his criticism only hours before his administration asked an appeals court to lift the judge’s order.
The administration has also said it was revoking temporary protections for more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans who have come to the U.S. since October 2022 through another legal avenue called humanitarian parole, which Biden used more than any other president. Their two-year work permits will expire April 24.