Recission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans has been halted temporarily. U.S. District Court Judge Edward Chen's Order applies to Venezuelans who registered for TPS under the Oct. 3, 2023, designation of Venezuela for TPS. National TPS Alliance, et al. v. Noem, et al., No. 25-cv-01766 (N.D. Cal. Mar. 31, 2025).
Before the issuance of the Order, these individuals faced the loss of their TPS-based work authorizations on April 2 and the expiration of TPS itself on April 7. They will now remain in TPS and authorized to work for the duration of the court order.
The Order gives DHS one week to file notice of appeal and the plaintiffs one week to file a motion to postpone Secretary Kristi Noem's decision to rescind Haiti's TPS designation, currently set to expire Aug. 3, 2025.
Judge Chen found Secretary Noem's recission of Venezuela's TPS designation a violation of the Administrative Procedure Act (APA) and the Equal Protection Clause of the 14th Amendment.
Judge Chen wrote that Secretary Noem's recission of Venezuela's TPS designation "threatens 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."
He stated that DHS had failed to identify any "real countervailing harm in continuing TPS for Venezuelan beneficiaries" and that plaintiffs will likely succeed in showing that Secretary Noem's decision is "unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus."
The Order does not address Secretary Noem's Mar. 25, 2025, announcement that humanitarian parole, and related work authorizations, for citizens of Cuba, Haiti, Nicaragua, and Venezuela (also known as the CHNV program) will expire on April 24, 2025, or the expiration date of individuals' humanitarian parole, whichever occurs first.
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