Federal Judge Halts DHS Plan to Terminate Temporary Protected Status for Venezuelan Nationals

Federal Judge Halts DHS Plan to Terminate Temporary Protected Status for Venezuelan Nationals

A U.S. District judge based in San Francisco has granted a crucial motion that postpones the Department of Homeland Security’s attempt to end Temporary Protected Status, or TPS, for Venezuelan nationals. This program was implemented by the Biden administration to provide essential support for those fleeing instability in their home country.

Secretary of the Department of Homeland Security, Kristi Noem, announced intentions to strip around 350,000 Venezuelans of their TPS protections just three days after taking office. This status allows Venezuelan nationals to live and work in the United States legally, a critical safety net for many facing dire circumstances.

Concerns Over Imminent Deportation

The court noted that the termination of TPS threatens to subject these Venezuelan nationals to possible imminent deportation. The State Department has labeled Venezuela a “Level 4: Do Not Travel” destination due to significant risks including wrongful detentions, terrorism, and civil unrest, as well as a deteriorating health infrastructure.

Eliminating TPS would undo efforts initiated by the Biden administration to extend temporary protections for Venezuelan nationals that began in 2021. This change stands to impact thousands who have sought refuge from escalating violence and political instability in their homeland.

Judge’s Ruling Highlights Potential Harm

U.S. District Judge Edward Chen from the San Francisco Federal Court emphasized the potential harm caused by Noem’s order. He stated, “The Court finds that the Secretary’s action threatens to inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted. It could also cost the United States billions in economic activity and jeopardize public health and safety in communities throughout the country.”

Chen’s ruling brought to light the government’s inability to show any substantial counterarguments against continuing TPS for Venezuelan beneficiaries. The judge also remarked that plaintiffs are likely to succeed in demonstrating that Noem’s actions are unauthorized by law, arbitrary, and motivated by discrimination.

The Legal Challenge Against DHS Actions

The National TPS Alliance, an advocacy group representing individuals with Temporary Protected Status, along with Venezuelan TPS holders, challenged the legality of the move to terminate TPS. They argue that Noem’s motivations were rooted in racial bias and that the abrupt changes posed threats to their well-being.

During her brief tenure, Noem’s actions appear aligned with a broader agenda to reshape immigration policies inherited from previous administrations. Venezuelan migrants have previously benefited from a program that allowed them to fly directly to the U.S. after applying from abroad, a process suspended when Donald Trump took office. This policy shift intended to create legal pathways for migration was a notable effort to address a growing humanitarian crisis.

The CHNV Program and Its Impact

The Cuba, Haiti, Nicaragua, and Venezuela program, known as CHNV, allowed migrants and their family members to enter the U.S. if they had American sponsors. Under this system, they could remain in the United States for two years under the temporary status of parole. The program initially targeted Venezuelans before expanding to include people from other nations facing similar challenges.

Previous Administration Policies Under Scrutiny

Efforts by the Trump administration to curtail both legal and illegal immigration have faced numerous legal hurdles since he took office. These actions reflect a broader, controversial immigration policy agenda aimed at addressing perceived immigration crisis points.

In addition to the TPS situation, it’s reported that the previous administration is working to dismantle key internal watchdogs within the Department of Homeland Security. This includes the Office for Civil Rights and Civil Liberties, which investigates allegations of abuse and discrimination within immigration enforcement.

Looking Ahead: The Future of TPS and Migrants

The ongoing legal disputes surrounding TPS represent just one front in the larger discussion about U.S. immigration policy. Advocates for Venezuelan migrants eagerly await further developments as the court continues examining the legitimacy of the DHS actions. The ruling grants temporary relief to those affected, but many remain anxious about future uncertainties.

The Department of Homeland Security’s statement regarding the recent ruling is still pending as commentators and stakeholders assess the implications of this significant judicial decision. As the process unfolds, the lives of many Venezuelans in the United States hang in the balance, and their hope for stability continues amidst a backdrop of political contention.

Fox News Digital’s Landon Mion contributed to this report.