A federal court of appeals has halted the Trump administration’s attempt to end deportation protections for around 600,000 Venezuelans currently residing in the U.S.
The ruling, issued by a three-judge panel from the 9th Circuit Court of Appeals, reinstated Temporary Protected Status (TPS) for Venezuelans, countering a lower court’s decision that declared the administration’s action unauthorized.
Before retiring, former Homeland Security Secretary Alejandro Mayorkas restructured the TPS for Venezuela, citing the country’s severe humanitarian crisis.
Shortly after taking office, Homeland Security Secretary Christa Noem expressed intentions to reverse this decision, claiming that the Biden administration should not undermine existing protections.
The appellate court supported TPS holders in its ruling regarding Noem’s actions.
The panel noted, “The plaintiffs are likely to prevail in arguing that the prior extension of TPS is outside the statutory framework. When Congress established the TPS Act, it aimed for a system that is predictable, reliable, and insulated from political influences.”
A lower court judge had previously prevented Noem’s attempt to implement the reversal, criticizing her remarks about Venezuelans as lacking sensitivity.
TPS can be assigned to countries facing dire situations that prevent safe deportation.
The ruling highlighted that Venezuela is experiencing the worst humanitarian crisis in the Western Hemisphere’s recent history, with many fleeing due to food shortages and political instability.
The panel concluded that Venezuelan TPS holders would likely succeed in their legal challenge, noting that Noem cannot simply revoke protections without undergoing a lengthy process requiring evidence of improved conditions in Venezuela.
“The panel found that the plaintiffs are likely to succeed in asserting that the Secretary lacks the authority to overturn past TPS extensions. They indicated that agency actions must adhere to Congressional design,” the ruling stated.
Additionally, they rejected the Trump administration’s claims as incorrect, particularly regarding the alleged implementation status of the TPS extension.
The judges pointed out that the government’s stance regarding the TPS statute’s restrictions, by asserting that Mayorkas’s extension is not yet enacted, is fundamentally flawed.
U.S. District Judge Edward Chen from California stated in April that the government had not adhered to appropriate procedures when attempting to eliminate TPS and suggested that the administration’s motives were partially driven by bias.
Chen remarked, “The Secretary’s reasoning lacks evidential support. There’s no proof that Venezuelan TPS holders are affiliated with violent gangs or involved in criminal activity.” He noted that TPS holders exhibit lower crime rates compared to the general population and have higher education levels.
“To generalize criminal behavior to all TPS recipients from Venezuela reflects racial bias based on false stereotypes,” he concluded.
