A federal judge ruled Friday that the Trump administration cannot strip the deportation protections under Temporary Protected Status for nearly 1 million Venezuelans and Haitians already in the United States, many of them living in South Florida.
In a 69-page ruling, Judge Edward Chen of the Northern District of California characterized the decision of Department of Homeland Security Secretary Kristi Noem to end TPS for Haiti and Venezuela as capricious, arbitrary and beyond the scope of her authority.
“The Secretary’s actions in revoking TPS was not only unprecedented in the manner and speed in which it was taken but also violates the law,” Chen wrote on Friday.
Chen restored a Biden-era TPS extension that runs until October 2026 for Venezuelans and February 2026 for Haitians. The Department of Homeland Security in July had already begrudgingly agreed to keep that expiration date for Haiti after a separate federal ruling from New York.
The ruling is a long-awaited relief for over 600,000 Venezuelans living in the United States, whose immigration protections hinged on Chen. On Friday, advocates and immigrants went to celebrate at El Arepazo restaurant in Doral, where Venezuelans have long-gathered to commemorate community milestones.
Cecilia González Herrera, the only plaintiff who lives in Florida, told the Herald over text that the judge’s order was a “tremendous victory.” The University of Central Florida student came to the United States eight years ago, fleeing with her parents because they were involved in anti-government movements.
“Judge Chen’s decision is a reminder that the institutions of this country are stronger than any political agenda. This ruling recognizes both the legality and the humanity of TPS. The road ahead is long, but today we are reminded that justice prevails,” said the 26-year-old Kissimmee woman.
Chen said Friday that Noem’s move to roll back the Biden-era extensions was “extraordinary and unusual.” He noted in his decision that it was the first time such an action had happened since Congress made the program into a law in 1990.
“We celebrate today that hundreds of thousands of Venezuelans can sleep more peacefully today. We celebrate that due process and justice still exist in this country … We are very grateful to this country and its justice system. Today is a great day and we will honor it by being the best citizens we can be,” said Adelys Ferro, Miami-based director of the national organization Venezuelan-American Caucus.
“An existential crisis”
The federal government can grant Temporary Protected Status to immigrants who cannot safely return to their home countries because of war, natural disasters and other devastating circumstances.
President Joe Biden first granted Temporary Protected Status to Venezuelans in 2021, citing repressive governance, food insecurity, human rights violations, acute poverty, crumbling infrastructure and insufficient healthcare. Two years later, he expanded the protections so recently arrived Venezuelans could benefit, making it the nationality with the largest pool of beneficiaries.
Separately, Biden thrice designated Haiti for Temporary Protected Status in the aftermath of the murder of President Jovenel Moise, a devastating earthquake, mass internal displacement, widespread gang violence, chronic hunger and extreme impoverishment.
But since returning to office in January, President Donald Trump has ended Temporary Protected Status protections for immigrants from Haiti, Venezuela and several other countries — which he previously attempted during his first term. In February, the Trump administration ended the 2023 protections for about 352,000 Venezuelans. This week, it announced protections granted in 2021 would expire for another 250,000 people from the South American country on September 10.
In the termination notice, the Department of Homeland Security argued that there had been notable improvements — including in public health, the economy and crime — that made it safe to go back to Venezuela. However, the agency said, the termination was required regardless of conditions because the TPS designation was against national interests.
The Trump administration is expected to appeal Chen’s decision, part of a lawsuit the National TPS Alliance filed in San Francisco. The federal government had already asked the Supreme Court to intervene in the spring. In May, the Justices gave Homeland Security the green light to end the program. That left the vast majority of Venezuelans under the 2023 TPS designation without the protections, despite a preliminary order for Chen keeping them in place. However, the nation’s highest court has not weighed on the merits of the case. An appeals court in California also recently affirmed a preliminary order on Chen’s original decision.
In his ruling, Chen noted that the government had not submitted any evidence documenting the improvements in Venezuela’s case, or conducted any meaningful review of how Venezuela was doing before ending the protections. “The draft of the termination decision was being prepared before any country condition analysis was conducted,” wrote Chen.
Chen also denied the Trump administration’s motion to throw out the lawsuit and dismissed its claims that Biden Homeland Security Secretary Alejandro Mayorkas had improperly extended Venezuela’s Temporary Protected Status.
A lifeline
There were about 605,000 Venezuelans and 331,000 Haitians with Temporary Protected Status as of March 31, according to a recent report from the Congressional Research Service. Florida is the state by far with the biggest population of TPS holders, with 403,965 beneficiaries living there. Nearly all are Haitian or Venezuelan.
José Abinazar, a 26-year-old living in South Florida, expressed hope for the future in the wake of Judge Chen’s decision.
“This ruling brings peace of mind knowing that I can continue working and supporting my family,” he said. “Returning to Venezuela is neither viable nor safe.”
The licensed engineer came to the United States as a minor, where he has built a life rooted in public service. He graduated from Florida International University’s Honors College and now works on vital infrastructure projects that enhance community safety and climate resilience, including Miami-Dade County’s Stormwater Master Plan. He is also active in industry groups that promote professional development, environmental health and social advocacy.
“The work we do is essential for protecting our communities and preparing for the future,” he said, emphasizing that highly-specialized professionals working on critical issues like climate change like him are facing the threat of deportation under Trump administration policies. TPS “ensures I can keep working.”
For Mariana Molero and her husband, who have resided in the United States for two decades, Chen’s ruling extends beyond a legal formality. It’s how they can stay in the United States with their American-born teenagers, who have never been to Venezuela, without fearing family separation.
“It’s a joy, not only for me and my husband, but for my close relatives and for the whole community,” Molero, who lives with her family in Kissimmee, said. “We will be able to have an instrument in our hands that protects us.”
Molero and her husband arrived in the United States in 2003, fleeing after they were persecuted for working alongside opposition leader Juan Pablo Guanipa. Molero and her husband have remained active in the Venezuelan diaspora and denouncing human rights abuses in their home country. ” For Molero and her husband, returning to Venezuela could be not just a return to a homeland in trouble, but a danger to their lives.
“I have no doubt the regime would want to retaliate, even through physical persecution or forced disappearances. Our activism has been extensive,” she said. “Going back would expose us directly to reprisals.”
Despite the political persecution they faced in Venezuela for their activism, their asylum cases were denied. They have been under deportation orders since 2011. Chen’s decision allows them to continue their American life, alongside their children a little longer.
“At least for a short time we have a decision that protects us,” Molero said. “The uncertainty continues, but today we can breathe a little easier.”
By SYRA ORTIZ BLANES/Miami Herald
Syra Ortiz Blanes covers immigration for the Miami Herald and El Nuevo Herald. Previously, she was the Puerto Rico and Spanish Caribbean reporter for the Heralds through Report for America.