September 6, 2025


Federal Court Halts Removal of Protections for Venezuelan and Haitian Migrants

In a significant legal ruling, the US District Court for the Northern District of California has determined that the Trump administration cannot strip legal protections from Venezuelan and Haitian migrants. This decision affects over 1 million individuals who were at risk of deportation under a Department of Homeland Security (DHS) initiative.

The controversy centered on a DHS proposal to end temporary protected status (TPS) as outlined in 8 U.S. Code § 1254a, which allows immigrants from countries experiencing severe conditions such as armed conflict or natural disasters to find refuge in the US. Haiti, for example, was designated for TPS following a devastating earthquake in 2010 that had catastrophic human and infrastructural tolls.

Both Venezuela and Haiti are currently considered unsafe for travel by the State Department due to high levels of crime and political unrest. The DHS had intended to terminate TPS for about 600,000 Venezuelans and 500,000 Haitians by reversing an extension previously granted by Biden administration's Secretary of DHS, Alejandro Mayorkas.

US District Judge Edward M. Chen criticized the move by DHS Secretary Kristi Noem as overreaching and lacking proper legal or procedural basis. Judge Chen's ruling emphasized that the vacatur decision was "arbitrary and capricious" and violated the Administrative Procedure Act (APA) by not consulting relevant agencies.

Judge Chen granted the plaintiffs' motion for summary judgment on the APA claims concerning the decisions on Venezuela and Haiti. He set aside these decisions, expecting that the case would likely progress to the Ninth Circuit and potentially the Supreme Court. However, he issued a final judgment on the APA claims, stating, “There is no just reason for delay,” while temporarily staying his orders on other aspects of the lawsuit pending appeals.

This ruling comes amid growing tensions between the US and Venezuela, highlighted by recent military incidents, including a US Navy operation that resulted in the sinking of a Venezuelan fishing vessel with alleged cartel connections and a provocative flyover by Venezuelan fighter jets near a US Navy ship.

The court's decision underscores the ongoing complexities in US immigration policy, particularly regarding the treatment of migrants from countries with unstable political and social conditions. This case not only protects the status of vulnerable Venezuelan and Haitian populations but also sets a significant precedent in the interpretation and application of administrative law in immigration policy.