Trump plan to end TPS for Venezuelans blocked in federal court

San Francisco, California - A federal judge on Monday put a temporary stay on plans by President Donald Trump's administration to end deportation protections for hundreds of thousands of Venezuelans.

A federal judge has temporarily halted the Trump administration's plans to end Temporary Protected Status for Venezuelans.
A federal judge has temporarily halted the Trump administration's plans to end Temporary Protected Status for Venezuelans.  © IMAGO / Newscom World

The order is the latest judicial setback for Trump, whose flurry of executive orders around immigration have repeatedly encountered pushback from judges.

US District Judge Edward Chen said the administration's plan to end Temporary Protected Status (TPS) on April 7 "smacks of racism" and mischaracterizes Venezuelans as criminals.

"It is evident that (Homeland Security Secretary Kristi Noem) made sweeping negative generalizations about Venezuelan TPS beneficiaries," Chen wrote, according to the Washington Post, listing examples where Noem had echoed Trump's false claims that the majority of Venezuelans in the US were criminals.

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Donald Trump Trump faces first electoral test as Wisconsin and Florida results roll in

Noem's justification for the order, made shortly after she was sworn in, is "entirely lacking in evidentiary support."

"Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism," Chen wrote in a 78-page ruling.

M.H., a Venezuelan TPS holder and plaintiff, said in a press release: "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 US citizens."

"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."

Trump targets Venezuelans with extreme deportation measures

Salvadoran prison guards escort Venezuelans recently deported by the US government to be imprisoned in the maximum-security Terrorism Confinement Center.
Salvadoran prison guards escort Venezuelans recently deported by the US government to be imprisoned in the maximum-security Terrorism Confinement Center.  © Secretaria de Prensa de la Presidencia/Handout via REUTERS

The temporary stay issued by the US District Court in the district of Northen California, which sits in San Francisco, prevents Noem's Department of Homeland Security from allowing TPS to expire on April 7, and gives recipients time to mount a legal challenge.

The ruling comes with Trump pressing ahead with what he has called the largest mass deportation in US history.

Although the amount of people deported is so far not as large as it has been under previous administrations, many deportations have been deliberately public and eye-catching, often involving placing detained people in chains and sending them on military aircraft.

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Donald Trump White House "seriously considering" taking control of who sits in press room

Earlier this month, Trump invoked the wartime Alien Enemies Act to send scores of Venezuelans to a notorious prison in El Salvador, despite a judge ordering the planes carrying the men to turn around.

The administration has claimed that the use of such extreme measures is justified, insisting they are members of a criminal gang called Tren de Aragua.

Relatives of the men say they have simply been swept up by immigration officials and have nothing to do with the gang.

TPS holders vow to keep fighting Trump terminations

Venezuelans gather to celebrate the granting of TPS by President Joe Biden in Miami, Florida, on March 9, 2021.
Venezuelans gather to celebrate the granting of TPS by President Joe Biden in Miami, Florida, on March 9, 2021.  © Eva Marie UZCATEGUI / AFP

Former president Joe Biden had extended Temporary Protected Status for another 18 months just days before Trump returned to the White House.

The US grants TPS to foreign citizens who cannot safely return home because of war, natural disasters, or other "extraordinary" conditions.

Trump's White House campaign leaned heavily on claims of criminality of undocumented migrants, although statistically immigrants are less likely to commit crimes than native-born Americans.

The president sought to end the TPS program during his first term but was stymied by legal opposition.

According to the Pew Research Center, as of March 2024, there were 1.2 million people eligible for or receiving TPS in the US, with Venezuelans making up the largest group.

Immigrants' rights advocates have celebrated Chen's decision.

"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," said Jose Palma, coordinator of the National TPS Alliance, which brought the lawsuit against the Trump administration.

"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."

Cover photo: IMAGO / Newscom World

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