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SAN FRANCISCO – A federal judge today ruled the Trump administration’s unprecedented attempt to strip Temporary Protected Status (TPS) from Venezuelans and Haitians is unlawful.
In his 69-page ruling, U.S. District Court Judge Edward M. Chen found the federal government’s move to cancel TPS for more than one million Venezuelans and Haitians violated the Administrative Procedure Act. He concluded that Department of Homeland Security Secretary Kristi Noem did not have the authority to cancel a previously-granted extension, that she did not lawfully exercise the authority that she had, and that the termination decisions were pretextual and did not follow proper procedures.
The decision restores the January 17, 2025 extension of Venezuela’s TPS designation, which extended TPS and work authorization for all Venezuelan TPS holders–whether they first registered for TPS in 2021 or 2023. To benefit from the extension, Venezuelan TPS holders who have not already re-registered must do so before September 10, 2025.
“For 35 years, the TPS statute has been faithfully executed by presidential administrations from both parties, affording relief based on the best available information obtained by the Department of Homeland Security (“DHS”) in consultation with the State Department and other agencies, a process that involves careful study and analysis. Until now. This case arose from action taken post haste by the current DHS Secretary, Kristi Noem, to revoke the legal status of Venezuelan and Haitian TPS holders, sending them back to conditions that are so dangerous that even the State Department advises against travel to their home countries,” the judge wrote.
“Today’s ruling is a huge win--not just for the rule of law but also for hundreds of thousands of hard-working people who have suffered a lot of harm due to this administration’s illegal attempts to revoke humanitarian protection for Venezuelans,” said Cecilia Gonzalez, a Venezuelan TPS holder from Florida. “Members of our community have lost jobs, been detained and deported, and been separated from their families. I am relieved that this ruling will restore TPS protections, and hope that those protections remain in place under this righteous order. This is a clear example that, at the end of the day, justice always prevails.”
The ruling in NTPSA v. Noem granting summary judgment comes six months after attorneys for the National TPS Alliance and individual TPS holders filed a lawsuit challenging the government’s vacatur and rescission of TPS for Venezuelans. The lawsuit was amended on March 20 to include Haitian TPS holders facing a similar decision from the government.
“I am happy and relieved that the Court has said that the government cannot take away the protections that were in place for Haitian and Venezuelan TPS holders,” said G.S., a plaintiff in the case. “I was working as a physician in Haiti, but I had to leave because it was so dangerous there. TPS is an important program that allows people like me to contribute to this country while living in safety. It should not end.”
“Today we are all Venezuelans and Haitians. We are proud to celebrate this victory, because this is our fight. Our struggle continues and we will not stop until we have our permanent residency,” said Francis, a Honduran TPS holder and member of the National TPS Alliance. The National TPS Alliance is also the lead plaintiff in another case, NTPSA II v. Noem, which challenges the illegal terminations of TPS for Honduras, Nicaragua and Nepal.
“Since taking office, the Trump Administration has been systematically de-documenting lawful immigrants, spreading fear and chaos by stripping people of their immigration status and work authorization in unprecedented ways and on little to no notice,” said Jessica Bansal, TPS counsel with the National Day Laborer Organizing Network. “Today’s decision affirms that–as to the more than one million Venezuelans and Haitians protected by the Temporary Protected Status program–the Administration’s actions are not only wrong, they are illegal.”
“Today, the trial court recognized what has been clear from day one—the Trump administration acted illegally in stripping hundreds of thousands of Venezuelans and Haitians of humanitarian protected status," said Emi MacLean, senior staff attorney with the ACLU Foundation of Northern California. “In recent months, people have suffered unspeakable harm—including deportation and family separation—due to the Supreme Court greenlighting Secretary Noem’s discriminatory and harmful agenda. That must end now.”
“This ruling provides immediate relief to several hundred thousand Venezuelans who should not have been subjected to this lawless policy in the first place,” said Ahilan Arulanantham, Faculty Co-Director of the Center for Immigration Law and Policy at the UCLA School of Law. “Sadly, today’s ruling comes too late for many Venezuelans who were detained and deported under that policy because the Supreme Court allowed it to take effect without giving any reasons. We are hopeful the rule of law will now prevail.”
“While harm already done cannot be undone, we hope today’s ruling can give some reprieve to over a million people whose lives have continued to be threatened by this extreme administration,” said Erik Crew, staff attorney with Haitian Bridge Alliance. “We will continue this fight for basic human dignity, the rule of law, and the integrity of the United States, and we encourage all Venezuelan TPS holders who have not already re-registered to do so now.”
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, Center for Immigration Law and Policy (CILP) at UCLA School of Law, and Haitian Bridge Alliance (HBA).
