Federal Judge Halts Deportation Protections Cancellation for Venezuelans and Haitians

A federal judge in San Francisco has issued a ruling blocking the Trump administration’s termination of deportation protections for over a million Venezuelans and Haitians, citing it as arbitrary and likely unlawful. Judge Edward M. Chen highlighted the economic and public safety impacts of the termination and noted that the government failed to prove harm from maintaining the protections.

A federal judge in San Francisco has blocked the Trump administration’s attempt to cancel deportation protections for over a million Venezuelans and Haitians currently residing in the United States. This ruling specifically prevents the loss of legal status known as Temporary Protected Status (TPS) for approximately 350,000 Venezuelans, which would have ended on April 7 without judicial intervention.

District Court Judge Edward M. Chen determined that the plaintiffs are likely to demonstrate that the termination of TPS protections by DHS Secretary Kristi Noem is unlawful, arbitrary, and motivated by unconstitutional animus. The judge noted that the cancellation of TPS benefits could negatively impact the economy and public safety, asserting the government failed to provide evidence of any harm from continuation of these protections.

The TPS program permits immigrants from designated countries to remain in the United States for up to 18 months, allowing them to apply for work authorization if they cannot safely return home due to armed conflict or natural disasters. While the Biden administration extended TPS for Venezuelans and Haitians in January, Secretary Noem later rescinded these protections, indicating she would allow prior designations to lapse.

If the terminations proceed, approximately 500,000 Haitians could see their TPS protections eliminated in August, with an additional 250,000 Venezuelans facing similar repercussions in September. The National TPS Alliance has challenged these terminations, claiming the Department of Homeland Security (DHS) overstepped its authority and violated the Administrative Procedure Act by ending protections prematurely.

The plaintiffs contend that the DHS’s review process for assessing conditions in designated countries was inadequate, arguing that Noem’s justification of “national interest” for the terminations contradicts statutory allowances. The Trump administration maintains that the terminations arose from immigration policy goals, not racial bias, and contends that the court lacks the authority to review its decisions.

The National TPS Alliance is being represented by several organizations, including the American Civil Liberties Union Foundation of Northern California, the American Civil Liberties Union Foundation of Southern California, and the National Day Laborer Organizing Network. The DHS is represented by the Department of Justice. Additionally, similar legal challenges concerning TPS terminations are underway in the District of Maryland, District of Massachusetts, and the Eastern District of New York.

The ruling by District Court Judge Edward M. Chen significantly impacts the future of Temporary Protected Status for Venezuelans and Haitians in the United States. It emphasizes the obligations of the DHS in assessing conditions in designated countries and raises serious concerns regarding the motivations behind the termination of such protections. The ongoing legal battles highlight the critical issues of immigration, public safety, and the potential ramifications on affected communities.

Original Source: news.bloomberglaw.com