On Friday, September 5, 2025, U.S. District Judge Edward Chen of San Francisco blocked the Trump administration's lifting of Temporary Protected Status (TPS), which currently protects approximately 600,000 Venezuelans and 500,000 Haitians. This decision allows them to retain the right to remain and work in the United States due to the precarious conditions in their home countries.

Judge Chen declared that the actions taken by Kristi Noem, Secretary of Homeland Security, to terminate three extensions granted by the Biden administration exceeded her statutory authority and were arbitrary and capricious. He noted that this attempt to terminate TPS was "unprecedented" and that Secretary Noem's actions violated the law. He emphasized that this rapid revocation was particularly concerning given the dangerous conditions in Venezuela and Haiti, where the State Department advises against travel.

"For 35 years, the TPS statute has been faithfully executed by presidential administrations from both parties, affording relief based on the best available information obtained by the Department of Homeland Security (“DHS”) in consultation with the State Department and other agencies, a process that involves careful study and analysis. Until now," Chen stated in his decision.

The Department of Homeland Security (DHS) strongly criticized Judge Chen's decision, which blocks the Trump administration's efforts to terminate TPS for more than one million Venezuelan and Haitian nationals residing in the United States.

In a statement, a DHS spokesperson emphasized that the TPS program has historically been manipulated and politicized, comparing its use to a form of de facto amnesty. The spokesperson asserted that the current administration's immigration policies have led to an influx of unvetted individuals entering the United States, heightening national security concerns.

A Department of Homeland Security spokesperson in a statement denounced TPS as a program "abused, exploited, and politicized as a de facto amnesty" and asserted that "unelected activist judges" could not prevent the American people from wanting a safe country.

"While this court ruling delays the implementation of the Trump administration's decisions, Secretary Noem, who will appeal, has stated that she will use all legal options at her disposal to end this chaos and prioritize the safety of Americans."

The ongoing legal battle highlights a broader conflict between federal district courts and the Trump administration, particularly over immigration policies. Numerous immigration cases have been challenged, and the administration has successfully appealed several decisions.

The Supreme Court's ruling does not apply to Judge Chen's ruling issued Friday. The Trump administration is expected to seek a stay of Chen's order as part of its appeal.

SL/ HaitiLibre