Judge says the plaintiffs have shown a likelihood of success in demonstrating that DHS Secretary Kristi Noem’s actions are ‘unauthorized by law.’
A federal judge in California on Monday has put a pause on the Trump administration’s plan to terminate the temporary protected status (TPS) of 350,000 Venezuelan immigrants, whose legal status was set to expire on April 7.
U.S. District Judge Edward Chen issued a nationwide injunction in response to a legal case brought by the National TPS Alliance, putting Homeland Security Secretary Kristi Noem’s plan to roll back protections granted by the former Biden administration on hold while the case continues.
Noem previously said that the Trump administration would revoke TPS protections for Venezuelans on the grounds that they were contrary to U.S. interests and no longer justified by conditions in Venezuela.
In a 78-page order, Chen said the plaintiffs have shown a likelihood of success in demonstrating that Noem’s actions “are unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”
Chen stated that Noem’s plan to revoke TPS could cause “irreparable harm on hundreds of thousands of people 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 stated.
TPS is a designation that allows individuals from countries affected by armed conflict, natural disasters, or other extraordinary events the ability to remain in the United States.
In 2021, the Biden administration granted TPS to Venezuelans, citing a “severe humanitarian emergency” caused by political and economic crisis under the South American nation’s leader, Nicolas Maduro. The TPS designation was initially set for 18 months but was later extended until October 2026.
According to the court ruling, about 600,000 Venezuelan immigrants have been granted TPS since the 2021 designation.
Noem said in February that the new Trump administration would revoke the legal status of 350,000 immigrants, while the remaining set to lose their protections in September.
The DHS secretary stated that Venezuela no longer meets the conditions for the designation, citing “notable improvements” in the country’s economy, public health, and crime.
