A federal judge in San Francisco has issued a crucial ruling preventing the Trump administration from invalidating work permits and other documents that grant lawful status to approximately 5,000 Venezuelans. This decision comes amid ongoing legal battles over the broader termination of temporary protected status (TPS) for nearly 350,000 Venezuelans, a move the US Supreme Court recently allowed to proceed.
US District Judge Edward Chen concluded on Friday night that Homeland Security Secretary Kristi Noem likely overstepped her authority when she, in February, invalidated these documents while simultaneously ending the TPS for Venezuelans. The judge’s ruling temporarily preserves the validity of those work authorization documents, which are vital for employment and legal residency.
The Supreme Court, in a decision issued on May 19, lifted an earlier injunction issued by Chen that had prevented the Trump administration from ending the deportation protections under TPS for Venezuelans. However, the high court explicitly clarified that it was not blocking any individual from challenging Noem’s decision to invalidate the documents issued under that program.
TPS is designated for individuals from countries experiencing natural disasters, armed conflicts, or other extraordinary circumstances. The Department of Homeland Security had extended TPS for Venezuelans by 18 months through October 2026 during President Joe Biden’s administration. Noem moved to reverse this extension, prompting legal challenges.
Lawyers representing Venezuelan migrants and organizations like the National TPS Alliance argued that the invalidation of these documents could lead to thousands losing their jobs or facing deportation. In his ruling, Chen emphasized that the statute governing TPS does not authorize the Secretary to revoke or invalidate the documents issued under the program.
Chen also pointed out that only around 5,000 of the nearly 350,000 Venezuelans held these documents, a fact that undermines claims that their continued presence poses a threat to national security or the economy. “This smaller number cuts against any contention that the continued presence of these TPS holders would be a toll on the national or local economies or a threat to national security,” Chen wrote.
The Department of Homeland Security did not respond to requests for comment on Saturday. The ruling marks a significant legal victory for Venezuelans seeking to maintain their work rights and lawful status amidst ongoing debates over immigration policy.
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