"Smacks Of Racism" - Activist Judge Halts Trump Admin's Move To Revoke Protected Status Of Venezuelans

Another activist judge has blocked the Trump administration from carrying out its mandate - this time, regarding a plan to lift protections from deportation for more than 600,000 Venezuelans.

In his order to temporarily pause DHS Secretary Kristi Noem's plan, California-based US District Judge Edward Chen, an Obama appointee, said the move "smacks of racism."

According to Chen's 78-page order, the government did not follow proper procedures for stripping Temporary Protected Status (TPS) from potential deportees.

"As discussed in other parts of this order, the Secretary’s rationale is entirely lacking in evidentiary support. For example, there is no evidence that Venezuelan TPS holders are members of the [Tren de Aragua]  gang, have connections to the gang, and/or commit crimes," wrote Chen, adding that "Venezuelan TPS holders have lower rates of criminality than the general population and have higher education rates than the broader U.S. population.

"Generalization of criminality to the Venezuelan TPS population as a whole is baseless and smacks of racism predicated on generalized false stereotypes."

Homan Hits Back

In response to the block, Trump border czar Tom Homan called it "Another activist judge making a stupid ruling," adding "I've been around since 1984 — and 'temporary protected status' is never temporary."

"If you look at that decision, it's based on opinion, not the rule of law."

h/t Western Lensman

Is this even legal?

As the Epoch Times notes further, TPS is a designation that allows individuals from countries affected by armed conflict, natural disasters, or other extraordinary events the ability to remain in the United States.

In 2021, the Biden administration granted TPS to Venezuelans, citing a “severe humanitarian emergency” caused by political and economic crisis under the South American nation’s leader, Nicolas Maduro. The TPS designation was initially set for 18 months but was later extended until October 2026.

According to the court ruling, about 600,000 Venezuelan immigrants have been granted TPS since the 2021 designation.

Noem said in February that the new Trump administration would revoke the legal status of 350,000 immigrants, while the remaining set to lose their protections in September. The DHS secretary stated that Venezuela no longer meets the conditions for the designation, citing “notable improvements” in the country’s economy, public health, and crime.

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Jose Palma, coordinator of the National TPS Alliance, called the ruling “a legal win” and “a testament to the strength” of the TPS community. “We will continue this fight with unwavering resolve, not only to protect the future of 350,000 Venezuelans, but to defend all TPS Holders in this Country,” Palma said in a statement.

The Epoch Times has reached out to the Department of Homeland Security for comment and did not receive a response by publication time.

The National TPS Alliance, a member-led organization of TPS holders, filed the lawsuit in March, alleging that Noem does not have the authority to revoke TPS granted to immigrants and that her actions were driven by racism.

The move to end TPS for Venezuelan immigrants was part of President Donald Trump’s broader campaign to ramp up border security and crack down on immigration and humanitarian programs he says go beyond the intent of U.S. law. 

DHS also planned to revoke the temporary legal status of more than 530,000 immigrants who entered the United States under the Biden administration’s humanitarian parole program, known as the CHNV program.

This program allowed entry of people from Cuba, Haiti, Nicaragua, and Venezuela if they meet certain requirements, including having U.S. sponsors. Noem said in a March notice that such parole programs “do not serve a significant public benefit” and are not effective in reducing the levels of illegal immigration in the United States.

She stated that the CHNV program should be terminated because it was not serving the intended purposes and is not aligned with the Trump administration’s foreign policy goals.