A federal appeals court on Friday blocked Donald Trump’s plans to end protections for 600,000 people from Venezuela who have permission to live and work in the US, saying that plaintiffs are likely to win their claim that the president’s administration’s actions were unlawful.
A three-judge panel of the ninth US circuit court of appeals unanimously upheld a lower court ruling that maintained temporary protected status for Venezuelans while TPS holders challenge actions by the Republican president’s administration in court.
The ninth circuit judges found that plaintiffs were likely to succeed on their claim that homeland security secretary Kristi Noem had no authority to vacate or set aside a prior extension of TPS because the governing statute written by Congress does not permit it. The administration of Trump’s Democratic presidential predecessor Joe Biden had extended TPS for people from Venezuela.
“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” judge Kim Wardlaw, who was nominated by president Bill Clinton, a Democrat, wrote for the panel. The other two judges on the panel were also nominated by Democratic presidents.
In an email, a spokesperson for the Department of Homeland Security (DHS) condemned the decision as more obstruction from “unelected activist” judges.
“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program,” the email read. “While this injunction delays justice and undermines the integrity of our immigration system, Secretary Noem will use every legal option at the department’s disposal to end this chaos and prioritize the safety of Americans.”
Congress authorized TPS as part of the Immigration Act of 1990. It allows the DHS secretary to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other “extraordinary and temporary conditions” that prevent a safe return to that home country. The terms are for six, 12 and 18 months.
The appellate judges said the guaranteed time limitations were critical so people could gain employment, find long-term housing and build stability without fear of shifting political winds.
But in ending the protections soon after Trump took office, Noem said conditions in Venezuela had improved and it was not in the US national interest to allow migrants from there to stay on for what is a temporary program. It’s part of a broader move by Trump’s administration to reduce the number of immigrants who are in the country either without legal documentation or through legal temporary programs.
The US district judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections. Chen postponed the terminations, but the US supreme court reversed them without explanation, which is common in emergency appeals.
It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their US citizen children and even deported.
Protections for the remaining 250,000 Venezuelans are set to expire on 10 September.
“What is really significant now is that the second court unanimously recognized that the trial court got it right,” said Emi MacLean, a senior staff attorney with the ACLU Foundation of Northern California representing plaintiffs.
She added that while the decision might not benefit immediately those people who have already lost their status or are about to lose their status, Friday’s ruling “should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone”.
