A federal judge in San Francisco has blocked the Trump administration’s attempt to cancel Temporary Protected Status (TPS) for more than one million Venezuelans and Haitians. The ruling marks a significant setback to the administration’s efforts to accelerate deportations and sharply restrict immigration protections.
Court Halts Termination of TPS
US District Court Judge Edward Chen ruled that the Department of Homeland Security (DHS) acted unlawfully in trying to terminate the program. He ruled that Homeland Security Secretary Kristi Noem lacked the legal authority to shut down TPS without following required federal procedures and consultations.
The decision prevents the administration from continuing with deportation actions against Venezuelan and Haitian TPS beneficiaries. Chen also discovered that the actions of the DHS showed no sign of serious, considered decision-making, but instead pointed towards political intentions undermining the legal foundation of the cancellation order.
Allegations of Bias and Improper Motives
In his ruling, Judge Chen highlighted that the government’s action seemed to stem from a discriminatory motive against Haitian and Venezuelan nationals. The failure to properly review country conditions and the sudden removal of previous designations showed a process marked by bias.
This judicial finding directly contradicts the administration’s depiction of the policy as a national security and border control measure. Instead, the court suggested the action conflicted with longstanding federal requirements for objective consideration before revocation of humanitarian protections.
TPS Program Background and Impact
Temporary Protected Status, established by Congress in 1991, provides temporary relief from removal and permission to work for nationals of nations plagued by armed conflict, natural disasters, or other special hardship conditions. The program has been a safety net for hundreds of thousands of immigrants over the decades.
Under President Biden, the program was expanded to cover approximately 600,000 Venezuelans and more than 520,000 Haitians. DHS Secretary Noem reversed those designations earlier this year, claiming conditions no longer justified protection. Friday’s ruling halts that reversal and preserves TPS for current beneficiaries.
Broader Legal and Political Implications
The ruling is the latest in a series of legal challenges confronting the Trump administration’s immigration agenda. Earlier this year, Chen had issued a temporary injunction blocking DHS from ending protections for Venezuelans. Haitian beneficiaries later joined the litigation, broadening the scope of the case.
An appeals court upheld the injunction last week, though its enforcement was paused pending review by the U.S. Supreme Court. The administration is widely expected to appeal Friday’s ruling as well, setting the stage for continued litigation in higher courts.
Legal Standards and Requirements for Consultation
Federal law requires that before canceling a TPS designation, DHS consult with interagency stakeholders and review conditions in the designated country at the time. The judge ruled that DHS failed to perform this obligation in the case of Venezuela and Haiti.
Instead, the agency reversed course without consulting with the Department of State or conducting a full review of humanitarian circumstances. In line with the court’s decision, such failure was non-statutory, rendering the termination unlawful and unsupported.
A Look Ahead
The decision keeps TPS protections in place for Haitians and Venezuelans for the time being, but the court fight is not yet over. Since the administration has announced its intention to appeal, the case may soon be before the U.S. Supreme Court for final judgment regarding the authority of DHS.
For the more than one million migrants immediately affected, the court decision brings temporary relief but no long-term assurance. The outcome of this case will determine the course of humanitarian protections under U.S. immigration policy.
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Resources:
- https://www.reuters.com/legal/government/us-judge-blocks-trump-canceling-legal-status-venezuelans-haitians-2025-09-05/
- https://blog.immigrationquestion.com/news/thousands-of-venezuelans-to-lose-protected-status-as-dhs-ends-tps-designation/
- https://www.nbcnews.com/news/us-news/judge-blocks-trump-ending-legal-protections-veneuzuelans-haitians-rcna229448
- https://www.washingtonpost.com/immigration/2025/09/05/immigration-tps-venezuelans-haitians-judge-trump/
- https://www.cnn.com/2025/09/05/politics/tps-venezuelans-haitians-noem
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