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2d ago

Judge Blocks Trump Administration From Ending TPS for 1.1 Million Venezuelans and Haitians

The judge concluded DHS unlawfully vacated prior TPS extensions in an unprecedented, arbitrary process.

Employees work inside a franchise of "Sabor Venezolano," one of 18 businesses owned by Wilmer Escaray which employ scores of Venezuelan immigrants with Temporary Protected Status (TPS) in Doral, Fla., May 20, 2025. Image for illustration purposes only.
Homeland Security Secretary Kristi Noem speaks to reporters before touring "Camp 57," a facility to house immigration detainees at the Louisiana State Penitentiary in Angola, La., Wednesday, Sept. 3, 2025. (AP Photo/Gerald Herbert)
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Supervior Chyanne Chen, second from left to right, Supervisor Shamann Walton, Supervisor Jackie Fielder and Supervisor Bilal Mahmood stand behind a banner reading Save TPS during a Save TPS rally in front of City Hall on Sept. 2, 2025, in San Francisco. 

Overview

  • U.S. District Judge Edward M. Chen set aside Homeland Security Secretary Kristi Noem’s vacatur and termination decisions, preserving Temporary Protected Status for roughly 600,000 Venezuelans and 500,000 Haitians.
  • Chen found the actions exceeded the secretary’s statutory authority and were arbitrary and capricious, noting DHS failed to follow customary consultation and analysis under the Administrative Procedure Act.
  • The ruling emphasizes that canceling TPS would return people to conditions the State Department warns are too dangerous for travel in Venezuela and Haiti.
  • DHS condemned the decision as misuse of TPS and said Noem will pursue every legal option, signaling a swift appeal.
  • Chen said a prior Supreme Court stay applied only to preliminary relief, not this merits ruling, with further appeals expected to the Ninth Circuit and potentially the Supreme Court.