Appeals Court Upholds Protections for Venezuelan Migrants Amid Trump's Immigration Crackdown

On Friday, a U.S. federal appeals court in San Francisco rejected a request from the Trump administration to proceed with its plan to revoke temporary legal protections for around 350,000 Venezuelan migrants. This ruling stops these individuals from facing imminent deportation and upholds a prior decision made by a lower court that barred Homeland Security Secretary Kristi Noem from terminating the Temporary Protected Status (TPS) that some Venezuelans had received.

The three-judge panel concluded that the Trump administration failed to demonstrate that it would experience irreparable harm if the lower court's ruling remained in effect while the appeal is considered. This latest decision adds to the growing list of legal defeats for Trump's immigration policies, particularly his efforts to curtail protections for vulnerable immigrant populations.

The TPS program is designed to assist individuals from countries experiencing severe crises, such as natural disasters or armed conflict. The 9th Circuit’s decision was influenced by a lawsuit brought forth by several Venezuelan immigrants and the National TPS Alliance, which advocates on behalf of those with temporary protected status.

Their legal challenge contests the Feb. 3 declaration by Secretary Noem to revoke TPS for nearly 348,000 Venezuelans, which was set to take effect on April 7. If that termination had proceeded, these migrants could have faced deportation and the loss of their work authorizations, while others still in the program risk losing their status by September.

Multiple lawsuits are now in motion against Noem’s decision, which not only affects Venezuelans but also Haitians who were granted TPS protections during the Biden administration. This program was first established for Venezuelans in 2021 after concerns over violence and instability arose due to President Nicolas Maduro's governance. In a move just before Biden’s departure from office, the Department of Homeland Security extended these protections until October 2026, but Noem sought to establish new policies after taking power.

A ruling from U.S. District Judge Edward Chen pointed out that Noem's attempt to nullify protections was unprecedented in the history of the TPS initiative. The judge expressed confidence that the plaintiffs could successfully show Noem exceeded her legal authority and acted out of bias against Venezuelan immigrants. He called out the sweeping generalizations about Venezuelan TPS holders as unfounded and reflecting a troubling racism based on misleading stereotypes.