A federal judge on Friday ruled against the Trump administration from ending temporary legal protections that have granted more than 1 million people from Haiti and Venezuela the right to live and work in the United States.
The ruling by US district judge Edward Chen of San Francisco for the plaintiffs means that 600,000 Venezuelans whose temporary protections expired in April or whose protections were about to expire on 10 September have status to stay and work in the United States.
Chen said the actions of the Department of Homeland Security (DHS) secretary, Kristi Noem, in terminating and vacating three extensions granted by the previous administration exceeded her statutory authority and were arbitrary and capricious.
The DHS did not immediately respond to an email seeking comment.
Friday’s ruling came after an appeals court blocked Donald Trump’s plans to end protections for 600,000 people from Venezuela who have permission to live and work in the US, saying that plaintiffs were likely to win their claim that the Trump administration’s actions were unlawful.
That appellate court ruling on 29 August came after Chen in March ruled that the plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections.
Temporary protected status (TPS) is a designation that can be granted by the homeland security secretary to people in the US if conditions in their homelands are deemed unsafe for return due to a natural disaster, political instability or other dangerous conditions.
Designations are granted for terms of six, 12 or 18 months, and extensions can be granted as long as conditions remain dire. The status prevents holders from being deported and allows them to work.
Soon after taking office, Noem reversed three extensions granted by the previous administration to immigrants from Venezuela and Haiti, prompting the lawsuit. Noem said that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from the countries to stay on for what is a temporary program.
Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Venezuela is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.
Haiti was first designated for TPS in 2010 after a catastrophic magnitude 7.0 earthquake killed and wounded hundreds of thousands of people, and left more than 1 million homeless. Haitians face widespread hunger and gang violence.
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