Administration's move to eliminate legal safeguards for 1.1 million Venezuelans and Haitians halted by a court decision
In a significant ruling, a federal judge in San Francisco has determined that the termination of temporary legal protections for over 1 million people from Haiti and Venezuela by the Trump administration exceeded its statutory authority and was arbitrary and capricious.
The ruling, handed down by US District Judge Edward Chen, allows 600,000 Venezuelans, whose temporary protections expired in April or were about to expire on September 10, to continue living and working in the United States.
The decision comes after Homeland Security Secretary Kristi Noem revoked the temporary protected status (TPS) for immigrants from these two countries shortly after taking office. Noem stated that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from these countries to stay on for a temporary program.
However, Judge Chen's ruling found that Noem's actions were unlawful. Temporary Protected Status is a designation that can be granted by the Homeland Security secretary to individuals in the United States if conditions in their homelands are deemed unsafe for return due to a natural disaster, political instability, or other dangerous conditions.
The Department of Homeland Security did not immediately respond to a request for comment.
Haiti was first designated for TPS in 2010 following a catastrophic magnitude 7.0 earthquake that killed and wounded hundreds of thousands of people, and left more than 1 million homeless. Temporary Protected Status prevents holders from being deported and allows them to work.
Venezuela is currently mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement, and an ineffectual government. Millions of Venezuelans have fled political unrest, mass unemployment, and hunger. Haitians face widespread hunger and gang violence.
The status of Temporary Protected Status (TPS) is granted for terms of six, twelve, or eighteen months, and extensions can be granted if conditions remain dire. The ruling means that the TPS for these 600,000 Venezuelans will be extended for at least another year, and possibly longer, depending on the conditions in their home countries.
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