SAN FRANCISCO — A federal judge has ordered the Trump administration to restore Temporary Protected Status (TPS) for Venezuelans and Haitians, as the government failed to update its systems, leaving many TPS holders unable to re-register. This ruling stems from a case that significantly impacts hundreds of thousands of immigrants, who have been left in uncertain circumstances.
Judge Edward M. Chen ruled on Friday that the administration’s actions to revoke humanitarian protections from over one million Venezuelans and Haitians were illegal. Despite the judge’s ruling, the U.S. Citizenship and Immigration Services website continued to indicate that TPS for Venezuela was “terminated.” In their court filings, government officials argued they were not required to acknowledge the ruling, claiming it was not yet effective.
During an emergency hearing in San Francisco, Judge Chen refuted this argument, stating, “The order was effective immediately.” He emphasized that the administration’s failure to comply not only broke the law but also caused significant harm to affected individuals. The judge ordered the government to update the USCIS website by Friday at 5 p.m. and reopen TPS registration for Venezuelans for a 24-hour period.
Declarations from TPS holders illustrated the repercussions of the government’s inaction. One affected individual, Noelia, reported losing her job due to the misleading information on the government website. She expressed hope that the judge’s order would help her regain her employment and support herself.
The plaintiffs’ attorneys argued that the registration portal was effectively disabled on the last day of registration, causing panic among TPS holders. The government acknowledged the outage but attributed it to a “coding error.” Judge Chen deemed this explanation insufficient, asserting that the government had unlawfully deprived Venezuelans of their right to maintain their status. He mandated that the registration portal be reopened for at least 24 hours, allowing those who register during this timeframe to be considered on time.
In his written order, Chen dismissed the government’s claim of an automatic stay that would excuse compliance with the ruling, emphasizing that the court’s decision must be implemented immediately. He also asserted that any ambiguity did not negate the court’s authority to enforce its ruling.
The decision was met with relief by immigrant rights advocates and leaders in the community, who expressed frustration over the government’s previous lack of compliance. Jose Palma, coordinator of the National TPS Alliance, stated that the law must be respected, while other advocates noted that this ruling is merely a step in a larger battle for comprehensive protections for immigrants.
Adelys Ferro, executive director of the Venezuelan American Caucus, underscored that while this was a victory, the struggle for justice continues. Advocates will persist in their fight for TPS and permanent protections for those who depend on this status.
The ruling exemplifies the ongoing conflict between the judiciary and the Trump administration regarding immigration policies, stipulating immediate compliance and increased transparency. Judge Chen instructed the government to submit a declaration explaining the technical difficulties faced during the TPS registration outage, ensuring that the issue is documented for potential appeals.
While the ruling provides temporary relief for TPS holders, the uncertainty faced by many remains. Advocates argue that a permanent solution is essential, moving beyond repetitive legal disputes. Legal representation for the plaintiffs includes a coalition of organizations working to secure stronger protections for TPS holders across the nation.
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