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Judge pauses Trump administration plans to end temporary legal protections for Venezuelans

Judge pauses Trump administration plans to end temporary legal protections for Venezuelans
GRASPING THIS FOR A NEW REALITY, AND SHE JOINS US LIVE. SHARMAN. YEAH, HE SAYS HE DOESN鈥橳 KNOW WHERE HE鈥橪L GO, BUT BACK HOME ISN鈥橳 AN OPTION. THIS MAN, TERRIFIED ABOUT THE POSSIBILITY OF RETURNING TO HAITI. WHAT WILL HAPPEN IF YOU GO BACK? I WILL BE KILLED. HE鈥橲 HAD TPS SINCE 2021, ABLE TO LEGALLY LIVE AND WORK HERE. HE FLED HAITI WHEN HE WAS THREATENED BY GANGS. I COME HERE TO PROTECT MY LIFE. TPS IS GIVEN TO THOSE WHO FACE HARDSHIPS. IF THEY WENT BACK TO A COUNTRY IN CONFLICT OR DEALING WITH NATURAL DISASTERS. CRITICS SAY RENEWING IT HAS BECOME AUTOMATIC. A HOMELAND SECURITY SPOKESPERSON SAYS WE ARE RETURNING INTEGRITY TO THE TPS SYSTEM, WHICH HAS BEEN ABUSED AND EXPLOITED. PRESIDENT TRUMP AND SECRETARY NOME ARE RETURNING TPS TO ITS ORIGINAL STATUS. TEMPORARY. MORE THAN 75% OF THE PEOPLE WHO HAVE TPS NOW FROM HAITI HAVE JUST ARRIVED WITHIN THE LAST FOUR YEARS, JESSICA VAUGHAN OF THE CENTER FOR IMMIGRATION STUDIES SAYS THE BIDEN ADMINISTRATION PUSHED THE LIMITS OF TPS, ADDING MANY WEREN鈥橳 LIVING IN HAITI WHEN THEY CAME HERE. IN MOST CASES, THEY CAME FROM OTHER COUNTRIES, NOT FROM HAITI, BUT FROM PLACES LIKE CHILE AND BRAZIL, WHERE THEY HAD RESIDENCY PERMITS AND THEY HAD JOBS. IMMIGRANT ADVOCATE PASTOR KIKI FLORES SAYS HAITIANS ARE MAKING MAJOR CONTRIBUTIONS TO THE COUNTRY. THERE ARE. LAWYERS, MEDICAL DOCTORS, ADMINISTRATORS AND FLEEING VIOLENCE IN HAITI. THIS MAN SAYS HE鈥橲 AFRAID OF GOING BACK. GO BACK AND HEAR THESE IS A BAD IDEA TO GET TO TO GO BACK IN HAITI. NOW, THE DECISION MEANS THAT HAITIANS WOULD LOSE THEIR WORK PERMITS AND COULD BE REMOVED BY
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Judge pauses Trump administration plans to end temporary legal protections for Venezuelans
A federal judge on Monday paused plans by the Trump administration to end temporary legal protections for hundreds of thousands of Venezuelans, a week before they were scheduled to expire.The order by U.S. District Judge Edward Chen in San Francisco is a relief for 350,000 Venezuelans whose Temporary Protected Status was set to expire April 7 after Homeland Security Secretary Kristi Noem reversed protections granted by the Biden administration.Chen said in his ruling that the action by Noem 鈥渢hreatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States.鈥滺e said the government had failed to identify any 鈥渞eal countervailing harm in continuing TPS for Venezuelan beneficiaries鈥� and said plaintiffs will likely succeed in showing that Noem鈥檚 actions 鈥渁re unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.鈥滳hen, who was appointed to the bench by President Barack Obama, a Democrat, said his order in the lawsuit brought by the National TPS Alliance applies nationally. Noem had also announced the end of TPS for an estimated 250,000 additional Venezuelans in September.The judge gave the government one week to file notice of an appeal and the plaintiffs one week to file to pause for 500,000 Haitians whose TPS protections are set to expire in August. Alejandro Mayorkas, the previous secretary, had extended protections for all three cohorts into 2026."Today is a good day for the migrant community in this country,鈥� said Pablo Alvarado, co-executive director of the National Day Laborer Organizing Network.He said that people fleeing war-torn El Salvador who initially benefited from the TPS program fought to maintain protections that came to include countries such as Ukraine, Sudan and Syria 鈥� and the broader community must continue fighting.鈥淚t takes so much courage to come forward and say, 鈥楬ere I am, and I鈥檓 going to fight for this,鈥欌� Alvarado said. 鈥淲e鈥檙e not going to throw anyone under the bus. We鈥檙e going to fight for everyone because everyone is deserving.鈥漈he Department of Homeland Security did not immediately respond to a request for comment.Congress created TPS, as the law is known, in 1990 to prevent deportations to countries suffering from natural disasters or civil strife, giving people authorization to live and work in the U.S. in increments of up to 18 months if the Homeland Security secretary deems conditions in their home countries are unsafe for return.The reversals are a major about-face from immigration policies under former President Joe Biden, a Democrat, and come as Republican President Donald Trump and his top aides have ratcheted up attacks on judges who rule against them, with immigration being at the forefront of many disagreements.At a hearing last Monday, lawyers for TPS holders said that Noem has no authority to cancel the protections and that her actions were motivated in part by racism. They asked the judge to pause Noem鈥檚 orders, citing the irreparable harm to TPS holders struggling with fear of deportation and potential separation from family members.Government lawyers for Noem said that Congress gave the secretary clear and broad authority to make determinations related to the TPS program and that the decisions were not subject to judicial review. Plaintiffs have no right to thwart the secretary鈥檚 orders from being carried out, they said.But Chen found the government's arguments unpersuasive and said that numerous derogatory and false comments by Noem 鈥� and by Trump 鈥� against Venezuelans as criminals show that racial animus was a motivator in ending protections.鈥淎cting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,鈥� he wrote.Biden sharply expanded use of TPS and other temporary forms of protection in a strategy to create and expand legal pathways to live in the United States while suspending asylum for those who enter illegally.Trump has questioned the the impartiality of a federal judge who blocked his plans to deport Venezuelan immigrants to El Salvador, levelling his criticism only hours before his administration asked an appeals court to lift the judge鈥檚 order.The administration has also said it was revoking temporary protections for more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans who have come to the U.S. since October 2022 through another legal avenue called humanitarian parole, which Biden used more than any other president. Their two-year work permits will expire April 24.

A federal judge on Monday paused plans by the Trump administration to end temporary legal protections for hundreds of thousands of Venezuelans, a week before they were scheduled to expire.

The order by U.S. District Judge Edward Chen in San Francisco is a relief for 350,000 Venezuelans whose Temporary Protected Status was set to expire April 7 after Homeland Security Secretary Kristi Noem reversed protections granted by the Biden administration.

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Chen said in his ruling that the action by Noem 鈥渢hreatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States.鈥�

He said the government had failed to identify any 鈥渞eal countervailing harm in continuing TPS for Venezuelan beneficiaries鈥� and said plaintiffs will likely succeed in showing that Noem鈥檚 actions 鈥渁re unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.鈥�

Chen, who was appointed to the bench by President Barack Obama, a Democrat, said his order in the lawsuit brought by the National TPS Alliance applies nationally. Noem had also announced the end of TPS for an estimated 250,000 additional Venezuelans in September.

The judge gave the government one week to file notice of an appeal and the plaintiffs one week to file to pause for 500,000 Haitians whose TPS protections are set to expire in August. Alejandro Mayorkas, the previous secretary, had extended protections for all three cohorts into 2026.

"Today is a good day for the migrant community in this country,鈥� said Pablo Alvarado, co-executive director of the National Day Laborer Organizing Network.

He said that people fleeing war-torn El Salvador who initially benefited from the TPS program fought to maintain protections that came to include countries such as Ukraine, Sudan and Syria 鈥� and the broader community must continue fighting.

鈥淚t takes so much courage to come forward and say, 鈥楬ere I am, and I鈥檓 going to fight for this,鈥欌� Alvarado said. 鈥淲e鈥檙e not going to throw anyone under the bus. We鈥檙e going to fight for everyone because everyone is deserving.鈥�

The Department of Homeland Security did not immediately respond to a request for comment.

Congress created TPS, as the law is known, in 1990 to prevent deportations to countries suffering from natural disasters or civil strife, giving people authorization to live and work in the U.S. in increments of up to 18 months if the Homeland Security secretary deems conditions in their home countries are unsafe for return.

The reversals are a major about-face from immigration policies under former President Joe Biden, a Democrat, and come as Republican President Donald Trump and his top aides have ratcheted up attacks on judges who rule against them, with immigration being at the forefront of many disagreements.

At a hearing last Monday, lawyers for TPS holders said that Noem has no authority to cancel the protections and that her actions were motivated in part by racism. They asked the judge to pause Noem鈥檚 orders, citing the irreparable harm to TPS holders struggling with fear of deportation and potential separation from family members.

Government lawyers for Noem said that Congress gave the secretary clear and broad authority to make determinations related to the TPS program and that the decisions were not subject to judicial review. Plaintiffs have no right to thwart the secretary鈥檚 orders from being carried out, they said.

But Chen found the government's arguments unpersuasive and said that numerous derogatory and false comments by Noem 鈥� and by Trump 鈥� against Venezuelans as criminals show that racial animus was a motivator in ending protections.

鈥淎cting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,鈥� he wrote.

Biden sharply expanded use of TPS and other temporary forms of protection in a strategy to create and expand legal pathways to live in the United States while suspending asylum for those who enter illegally.

Trump has questioned the the impartiality of a federal judge who blocked his plans to deport Venezuelan immigrants to El Salvador, levelling his criticism only hours before his administration asked an appeals court to lift the judge鈥檚 order.

The administration has also said it was revoking temporary protections for more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans who have come to the U.S. since October 2022 through another legal avenue called humanitarian parole, which Biden used more than any other president. Their two-year work permits will expire April 24.