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42m ago

Judge Strikes Down Trump Move to End TPS for Venezuelans and Haitians

Judge Edward Chen concluded Secretary Kristi Noem exceeded her statutory authority under the TPS law, issuing a merits ruling despite an earlier Supreme Court stay.

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)
Image
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

  • The decision restores Temporary Protected Status and work authorization for roughly 1.1 million people, including about 600,000 Venezuelans and 500,000 Haitians.
  • Chen held that DHS’s reversals were arbitrary and capricious, exceeded statutory authority, and were unprecedented for vacating prior extensions without meaningful review.
  • The ruling cites ongoing dangers in both countries, noting State Department advisories that warn against travel to Venezuela and Haiti.
  • The Department of Homeland Security criticized the ruling and said it will appeal, as separate TPS litigation for Afghanistan, Cameroon, Honduras, Nepal and Nicaragua continues.
  • Chen wrote that the Supreme Court’s earlier order addressed only preliminary relief and does not bar a merits judgment that preserves protections unless overturned on appeal.