By Eniola Amadu
A federal judge in California has ruled that the Donald Trump administration acted unlawfully in attempting to end temporary legal protections for more than 1 million people from Haiti and Venezuela who have been living and working in the United States under a humanitarian program.
The decision, issued by US district judge Edward Chen in San Francisco, preserves the immigration status of roughly 600,000 Venezuelans whose protections had either expired in April or were set to expire on 10 September. Haitians with the same protections also benefit from the ruling.
Chen found that the Department of Homeland Security (DHS) secretary, Kristi Noem, exceeded her legal authority when she terminated and vacated three extensions of temporary protected status (TPS) granted under the previous administration. He described her actions as “arbitrary and capricious.”
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The ruling came just weeks after a federal appeals court had already blocked the Trump administration’s attempt to strip protections from Venezuelans, saying the plaintiffs were likely to succeed in their claims.
In March, Chen had also signaled that the challengers were on strong legal ground, ruling that they were likely to prevail on their argument that DHS had overstepped its authority.
TPS is a humanitarian designation granted by the DHS secretary when conditions in a country make it unsafe for nationals to return, such as natural disasters, political upheaval or widespread violence.
It allows recipients to live and work in the US and shields them from deportation. Protections are typically granted in six, 12 or 18-month increments and can be renewed as long as conditions remain dire.
Soon after assuming office, Noem rescinded three extensions that had been granted to migrants from Venezuela and Haiti, arguing that conditions had improved and that allowing them to stay was no longer in the national interest.
However, advocates countered that both countries remain engulfed in crisis. Venezuela continues to suffer economic collapse, mass unemployment, hunger and political repression, forcing millions to flee.
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Meanwhile, Haiti, first granted TPS in 2010 following a catastrophic earthquake, remains plagued by gang violence, hunger and instability.
The Department of Homeland Security has not commented on Chen’s ruling but immigrant advocates called the decision a lifeline for families who feared deportation.