Judge prevents the Trump administration from ending TPS for Venezuelans in the U.S.

A federal judge blocks the cancellation of Temporary Protected Status (TPS) for Venezuelans in the United States, thus halting the measure pushed by the Trump administration that would have left hundreds of thousands of immigrants without protection from deportation and without work permits.

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Judge Edward M. Chen, of the federal court in San Francisco, described as discriminatory and based on negative stereotypes the decision by Secretary of Homeland Security Kristi Noem, who had revoked on February 3 the extension of TPS approved by President Joe Biden before leaving office.

“It is evident that the Secretary made negative generalizations about Venezuelan TPS beneficiaries,” stated the magistrate in a 78-page order. “Acting on the basis of a negative group stereotype and generalizing that stereotype to the entire group is the classic example of racism.”

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The measure would have directly affected more than 350,000 Venezuelans, many of them residents of South Florida, who would lose their work authorization and be exposed to detention and deportation starting this April 7.

The court decision comes after a lawsuit filed by seven Venezuelan TPS beneficiaries, along with the advocacy group National TPS Alliance, who argued that the cancellation was illegal, politically motivated, and based on racial prejudice.

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The judge also emphasized that there is no evidence that Venezuelan TPS beneficiaries pose a threat to national security, and he stressed that the harm to families would be irreparable. Additionally, the magistrate acknowledged the economic and social contributions of this community, including their high employment rates and low crime rates.

Cecilia González Herrera, 26, a resident of Kissimmee, Florida, and one of the plaintiffs, said she felt relieved: “This decision reaffirms that TPS is not just a policy, it is a lifeline for families like mine.”

Adelys Ferro, director of the Venezuelan American Caucus, welcomed the ruling: “Venezuelans are not used to winning, but today a judge recognized our contributions and the fact that we don’t have a safe country to return to.”

TPS was originally granted to Venezuelans in March 2021 by the Biden administration, allowing more than 257,000 people to apply for protection. In 2023, the designation was extended to include an additional 350,000 Venezuelans.

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Despite the ruling, it is not ruled out that the Trump administration may attempt to appeal. However, in the meantime, TPS protection remains active. Authorities have asked beneficiaries to stay informed through USCIS and other official sources.

Judge Chen has asked the plaintiffs to inform whether they will also file a motion related to the revocation of TPS for Haiti. A hearing is scheduled for this week in Boston.

Currently, more than 900,000 Venezuelans reside in the United States. Of them, more than 607,000 are under TPS in two different groups. Although some also have asylum applications or other immigration proceedings, many depended exclusively on TPS to avoid deportation.

According to experts, eliminating TPS could have not only economic effects but also impacts on public health. The fear of being deported could keep immigrants away from hospitals and health centers, affecting the entire community.

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Recommendation for TPS beneficiaries:

• Stay informed through official sources such as USCIS.gov.

  
  

• Consult with immigration attorneys if you have questions about your status.

  
  

• Do not make hasty decisions. TPS remains in effect, and this ruling provides temporary protection while the case is resolved.

Source: El Nuevo Herald

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