Appeals court bars Trump administration from ending TPS for 600,000 Venezuelans

In a unanimous ruling issued Friday, the U.S. Court of Appeals for the Ninth Circuit blocked plans by President Donald Trump's TPS to end the Temporary Protected Status (TPS) which benefits approximately 600,000 Venezuelans with permission to live and work in the country.

The three-judge panel upheld a previous lower court decision that kept the status in place while the case continues in court, representing a temporary victory for the plaintiffs.

The Ninth Circuit judges determined that the plaintiffs are likely to succeed in their argument that the Deputy Secretary of Homeland Security (DHS), Kristi Noem, lacks authority to revoke or overturn a previous extension of TPS, as current law, established by Congress, does not allow it. This extension had been granted by the Administration of former President Joe Biden, recognizing the extraordinary conditions in Venezuela.

“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics”, wrote Judge Kim Wardlaw, nominated by Democratic President Bill Clinton, in the panel's ruling. As for the other two judges, they were also nominated by Democratic presidents.

In the face of the court's decision, via email, reported by The Guardian, a DHS spokesman condemned the decision as another obstruction by "unelected activist" judges, the outlet notes.

“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program. While this injunction delays justice and undermines the integrity of our immigration system, secretary Noem will use every legal option at the department’s disposal to end this chaos and prioritize the safety of Americans.”

Origins of the case

The case originated in March, when Federal District Judge Edward Chen (an appointee of former Democratic President Barack Obama), of San Francisco, ruled that the plaintiffs were likely to prevail on their allegation that the Trump administration exceeded its authority in canceling the protections and acted out of racial animus. Chen ordered the cancellations stayed, but the Supreme Court reversed that decision without explanation, a common procedure in emergency appeals.

Now, with the Ninth Circuit's affirmance, that action is temporarily reversed.