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4d ago

Judge Overturns Noem’s TPS Rollbacks, Preserving Protections for Venezuelans and Haitians

The court found DHS exceeded its authority under the Administrative Procedure Act.

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 Chen set aside the administration’s moves to vacate and terminate Temporary Protected Status for Venezuelans and Haitians, keeping legal status and work permits in place for roughly 1.1 million people.
  • The ruling says Secretary Kristi Noem lacked statutory authority to undo prior extensions and acted arbitrarily and capriciously after a truncated process that bypassed normal interagency consultation.
  • Chen wrote that ending protections would send people back to conditions so dangerous that the State Department advises against travel to Venezuela and Haiti.
  • DHS criticized the decision and said it will pursue an appeal, positioning the dispute for review in the Ninth Circuit and possibly the Supreme Court.
  • Chen noted a prior Supreme Court order addressed only preliminary relief and did not prevent a final merits judgment, while separate TPS litigation for other countries remains ongoing.