A federal court in the United States blocked the revocation of Temporary Protected Status (TPS) (TPS) for Venezuelan citizens, a measure adopted by the administration of former President Donald Trump in early February.
- The decision responds to a lawsuit filed by a group of Venezuelan migrants protected under the program, who argued that the Trump administration’s measure violates the Administrative Procedure Act (APA).
- Former President Joe Biden had extended TPS for Venezuelan citizens in January 2024, extending its validity until October 2026.
TPS allows individuals from nations affected by armed conflicts, natural disasters, or other extraordinary conditions to reside and work legally in the country. It currently benefits approximately 350,000 Venezuelans.
The ruling was issued by District Judge Edward Chen, who determined that the protection extensions granted by the administration of former President Joe Biden in 2023 must remain in effect for now while the legality of the revocation is reviewed in depth.
The decision responds to a lawsuit filed by a group of Venezuelan migrants protected under the program, who argued that the Trump administration’s measure violates the Administrative Procedure Act (APA).
This federal law requires executive agencies to follow formal and well-founded processes when modifying or reversing public policies, which, according to the plaintiffs, was not complied with in this case. Additionally, the claimants asserted that the measure was motivated by racial and political prejudice and presented official statements as part of the evidence.
The judge Chen, in his 78-page ruling, supported the plaintiffs’ arguments and noted that the Secretary of Homeland Security, Kristi Noem, had engaged in “negative generalizations” about Venezuelan TPS beneficiaries.
“Acting based on a negative group stereotype and generalizing that stereotype to an entire group is the classic example of racism,” the judge wrote.
Additionally, the judge dismissed the link between TPS and the presence of criminal groups like Tren de Aragua. He stated there is no evidence directly connecting Venezuelan migrants protected under this status to criminal activities.
“Venezuelan TPS holders have lower crime rates than the general population,” he concluded.
Former President Joe Biden had extended TPS for Venezuelan citizens in January 2024, extending its validity until October 2026.
This extension allowed for the avoidance of imminent deportations and granted temporary work permits to migrants under this status.
The judicial ruling coincides with new immigration actions taken by the Trump administration. This past Monday, 17 Venezuelan migrants considered alleged members of Tren de Aragua and the Mara Salvatrucha (MS-13) were deported to a high-security prison in El Salvador, a facility built by the government of Nayib Bukele.
These deportations occurred alongside an ongoing judicial process regarding the expulsion of over 200 Venezuelans during March, the outcome of which remains pending in U.S. courts.
For now, Judge Chen’s decision temporarily suspends the implementation of the TPS revocation, though it does not represent a final ruling on its legality. The case continues through the legal process, and authorities will need to present their arguments in future court hearings.
TPS was originally granted to Venezuelans due to conditions of political instability, humanitarian crisis, and economic collapse in the South American country. The validity of this protection and the implications of its potential cancellation remain subjects of debate in both the judicial and U.S. immigration policy spheres.
In March 2021, Alejandro Mayorkas, then Secretary of Homeland Security under the Biden Administration (2021-2025), first designated Venezuela for TPS, citing the humanitarian emergency the country was experiencing under the regime of Nicolás Maduro.
Image: Infobae
