A Federal Judge Again issued a Ban on the Trump (R) Administration's Withdrawal of Temporary Protected Status (TPS), for Immigrants from Haiti and Venezuela. In a Ruling Friday, U.S. District Judge Edward Chen of San Francisco, said Secretary of Homeland Security (DHS) Kristi Noem (R) had Overstepped Her Role, by Seeking to End TPS for around 1 million People.
Chen's Ruling marks Another Instance of a Federal Judge Blocking a Trump Administration move to Revoke TPS from Immigrants who have been Allowed to Live and Work in the U.S. without Fear-of-Deportation. Noem and Trump have Argued that Judges are going too far in seeking to Overrule the Moves of the Administration.
With Chen's Ruling, 600,000 Venezuelans whose TPS Expired in April or whose Protections were about to Expire September 10th, have Status to Stay and Work in the U.S. The Ruling also Covers those from Haiti whose Status had been Revoked by DHS. The 69-page Ruling Upheld another Ruling seeking to Prevent Status from being Revoked, with Chen, an Appointee of former President Barack Obama (D), Criticizing the way the Decisions had been made.
"For the First Time in the 35-year History of the TPS program, the Trump Administration and DHS Secretary Noem took the extraordinary and unusual act of vacating TPS extensions that had already been granted – specifically, extensions given by the prior administration to Venezuela and Haiti," Chen wrote. "They did so even though this action is not, as the Ninth Circuit has strongly indicated, statutorily authorized."
DHS has often Emphasized that TPS is, as the Name suggests, Temporary, and that it is up to the Discretion of the Secretary of Homeland Security to Extend or End the Status for Specific Countries. The Department, alongside the Department of State, has Determined that Conditions in Venezuela and Haiti have Improved enough to allow Citizens to Return Home. But as the same time, they put out that it's Not Save for U.S. Citizen's to Visit.
Immigration Advocacy Groups, including those driving the Latest Legal Challenge, have said this is Not True, and that Haitians and Venezuelans Covered by TPS still need to Remain in the U.S. Chen made Clear that it was the way in which the Decisions had been made, and the Statuses Revoked, which were up for Challenge. He Agreed with Plaintiffs Claims that Noem's Decision making was "arbitrary and capricious".
Another Group of Venezuelans, Covered by a Later Designation of TPS in 2021, were Not necessarily Covered by the Ruling. DHS announced Friday, that the Group would also see their Status Revoked in November. "While this order delays justice, Secretary Noem will use every legal option at the Department's disposal to end this chaos and prioritize the safety of Americans. Under God, the people rule. Unelected activist judges cannot stop the will of the American people for a safe and secure homeland."
Judge Chen, in His Decision: "DHS began drafting the decision to vacate within days after President Trump began his second administration. There is no indication that the Secretary or DHS consulted any other government agencies or conducted an internal evaluation as part of this process."
Myal Greene, President of World Relief, in a Press Release on TPS earlier Friday: "The administration says that they are deporting immigrants in the country illegally — but many Americans have missed just how many of the individuals now facing detention and deportation were here completely lawfully until the administration cancelled their TPS or humanitarian parole. Tragically, that puts people at risk of deportation to countries like Venezuela facing profound humanitarian crises, sending them into the hands of a dictatorial government that the U.S. does not recognize as legitimate."
NYC Wins When Everyone Can Vote! Michael H. Drucker
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