By JANIE HAR, Associated Press
SAN FRANCISCO (AP) — A federal appeals court on Friday blocked the Trump administration’s plans to end protections for 600,000 people from Venezuela who have had permission to live and work in the United States.
A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a lower court ruling that maintained temporary protected status for Venezuelans while the case proceeded through court.
An email to the Department of Homeland Security for comment was not immediately returned.
The 9th Circuit judges found that plaintiffs were likely to succeed on their claim that Homeland Security Secretary Kristi Noem had no authority to vacate or set aside a prior extension of temporary protected status because the governing statute written by Congress does not permit it. Then-President Joe Biden’s Democratic administration had extended temporary protected status for people from Venezuela.
“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” Judge Kim Wardlaw, who was nominated by President Bill Clinton, a Democrat, wrote for panel. The other two judges on the panel were also nominated by Democratic presidents.
U.S. District Judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that President Donald Trump’s Republican administration overstepped its authority in terminating the protections and were motivated by racial animus in doing so. Chen ordered a freeze on the terminations, but the Supreme Court reversed him without explanation, which is common in emergency appeals.
It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their U.S. citizen children and even deported. Protections for the remaining 250,000 Venezuelans are set to expire Sept. 10.
Congress authorized temporary protected status, or TPS, as part of the Immigration Act of 1990. It allows the secretary of the Department of Homeland Security to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other “extraordinary and temporary conditions” that prevent a safe return to that home country.
In ending the protections, Noem said that conditions in Venezuela had improved and that it was not in the U.S. national interest to allow migrants from there to stay on for what is a temporary program.
Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Their country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.
Attorneys for the U.S. government argued the Homeland Security secretary’s clear and broad authority to make determinations related to the TPS program were not subject to judicial review. They also denied that Noem’s actions were motivated by racial animus.
