In a recent decision, a federal judge has put a halt to the Trump administration’s efforts to revoke temporary protected status (TPS) for 5,000 Venezuelans, effectively halting the invalidation of work permits and other related residency documentation. San Francisco U.S. District Judge Edward Chen recognized that Homeland Security Secretary Kristi Noem potentially exceeded her legal authority when attempting to invalidate the TPS-related documents that were initially issued under the Biden administration.
TPS, a program that grants temporary work authorization to nationals of certain countries deemed unsafe, was extended for Venezuelans by former Secretary of Homeland Security Alejandro Mayorkas in April 2024. According to USCIS, this extension allowed the current beneficiaries to re-register and maintain work authorizations until March 2026. However, following the transition of power to the second Trump administration, Secretary Noem moved to cancel the TPS citing it as “against the country’s national interests.” She announced the revocation of the extension just two days after taking office.
The legal conflict arose from the timing and legal basis of the termination. Judge Chen’s ruling highlighted that under 8 U.S.C. § 1254a(d)(3), any termination of TPS should be announced and published in the Federal Register at least 60 days before the document’s invalidation. This provision means the earliest possible date for the cancellation should be April 7, not February 7.
However, the court did not entirely side with the plaintiffs concerning the fact that the Venezuelan nationals holding TPS should have protections extended through dates beyond February 5, 2025. According to the court’s order, the protections effectively end on February 5, the day the termination of protection was officially announced. Only documents issued before this date are eligible for continued protection under the law.
This ruling is among a series of legal challenges against the Trump administration’s broader strategy to dismantle protected status for various groups of migrants, with a particular focus on individuals from Central and South America. The controversy comes on the heels of a decision where the US Supreme Court permitted the administration to pause the CHNV program, which offered asylum to migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, reflecting ongoing tensions surrounding immigration policies in the United States.
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