Judge blocks Trump move to invalidate work permits of 5,000 Venezuelans

Express Tribune

2 days ago

Venezuelan migrants arrive after being deported from the United States, at Simon Bolivar International Airport, in Maiquetia, Venezuela April 23, 2025. Photo:REUTERS
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A federal judge prevented the Trump administration from invalidating work permits and other documents granting lawful status to about 5,000 Venezuelans, a subset of the nearly 350,000 whose temporary legal protections the US Supreme Court last week allowed to be terminated.
US District Judge Edward Chen in San Francisco in a Friday night ruling, concluded that Homeland Security Secretary Kristi Noem likely exceeded her authority when she in February invalidated those documents while more broadly ending the temporary protected status granted to the Venezuelans.
The US Supreme Court on May 19 lifted an earlier order Chen issued that prevented the administration as part of President Donald Trump's hardline immigration agenda from terminating deportation protection conferred to Venezuelans under the Temporary Protected Status, or TPS, program.
Judge Edward Chen is preserving TPS for a limited number of Venezuelans who received documentation on or before February 5th, when Sec. Noem formally terminated 2023 Venezuela TPS. https://t.co/FEe3FYkRk5 — Armando Tonatiuh Torres-García (@GarciaReports) May 31, 2025
But the high court stated specifically it was not preventing any Venezuelans from still challenging Noem's related decision to invalidate documents they were issued pursuant to that program that allowed them to work and live in the United States.
Such documents were issued after the US Department of Homeland Security during former Democratic President Joe Biden's final days in office extended the TPS program for the Venezuelans by 18 months to October 2026, an action Noem sought to reverse.
TPS is available to people whose home country has experienced a natural disaster, armed conflict or other extraordinary event.
Lawyers for several Venezuelans and the advocacy group National TPS Alliance asked Chen to recognize the documents' continuing validity, saying without them migrants could lose their jobs or be deported.
Chen in siding with them said nothing in the statute authorizing the TPS program allowed Noem to invalidate the documents.
Chen, an appointee of Democratic President Barack Obama, noted the administration estimated only about 5,000 of the 350,000 Venezuelans held such documents.
"This smaller number cuts against any contention that the continued presence of these TPS holders who were granted TPS-related documents by the Secretary would be a toll on the national or local economies or a threat to national security," Chen wrote.
Homeland Security Department spokesperson Tricia McLaughlin in a statement said the "ruling delays justice and seeks to kneecap the president's constitutionally vested powers."
Chen ruled hours after the US Supreme Court in a different case on Friday allowed Trump's administration to end the temporary immigration "parole" granted to 532,000 Venezuelan, Cuban, Haitian and Nicaraguan migrants under a different Biden-era program.