Judge halts Trump officials from ending special status for Venezuelans, Haitians
A federal judge in California has blocked the Trump administration from ending temporary protections for Venezuelans and Haitians, a decision that could shield hundreds of thousands of people from possible deportation.
U.S. District Judge Edward Chen said Department of Homeland Security Secretary Kristi L. Noem illegally stripped temporary protected status for Haitian and Venezuelan migrants earlier this year in a “truncated and condensed” timeline that did not follow the statute. In canceling the protections, Noem also tried to vacate an extension of those benefits granted by her predecessor, Alejandro Mayorkas, before leaving office in January.
The Trump administration has argued that country conditions in Venezuela and Haiti had improved sufficiently to end those protections. But Chen said in analyzing the case that it was clear Noem had made her decision before any analysis of conditions in those countries, which are embroiled in political and economic strife.
“From Day 1, Secretary Noem acted with a sole intent of stripping TPS-holders of their legal status whether or not there was a basis for it,” said Emi MacLean, an attorney with the American Civil Liberties Union in Northern California, which represented the plaintiffs. “This decision recognizes the illegality of that. As a result, TPS protections should go back into effect immediately.”
In his ruling, Chen said he expected the Trump administration will appeal. But MacLean said she expected individual Venezuelans who were granted protections in 2021 and 2023 to be able to renew their status as the case proceeds through the courts.
“This is one of the most important victories in our battle so far,” said Adelys Ferro, a Venezuelan American activist. “Tonight, Haitian and Venezuelan TPS-holders will sleep a little easier … knowing they are safe for now.”
The decision came days after the Trump administration announced it was ending temporary protections granted in 2021 for more than 250,000 Venezuelan migrants. A spokesman for U.S. Citizenship and Immigration Services said the temporary protected status program for Venezuelans acted as a “magnet” for “irregular migration” from that country. Authorities said the termination of the migrants’ legal status in the United States could come within about two months.