On September 6, 2025, a federal judge has halted the Trump administration’s attempt to end Temporary Protected Status (TPS) for over 1.1 million Venezuelan and Haitian nationals, preserving their legal right to live and work in the United States.
In a 69-page ruling issued Friday, US District Judge Edward Chen found that Homeland Security Secretary Kristi Noem acted unlawfully in revoking TPS designations that had been extended under the Biden administration. The decision immediately restores protections for approximately 600,000 Venezuelans and 500,000 Haitians, many of whom faced imminent deportation.
Judge: Revocation Was “Arbitrary and Capricious”
Judge Chen criticized the administration’s actions as “arbitrary and capricious,” stating that the decision would force individuals to return to countries the US Department of State (DoS) itself deems unsafe. He emphasized that the TPS program has, for decades, been administered through a process of interagency consultation and evidence-based review – until now.
DHS Response and Legal Outlook
A spokesperson for the Department of Homeland Security (DHS) criticized the ruling, calling TPS a “de facto amnesty program” and vowing to pursue all legal avenues to reverse the decision.
The administration has already terminated TPS and Humanitarian Parole for an estimated 1.5 million people, prompting lawsuits nationwide. While the Supreme Court previously allowed the policy to proceed temporarily, Friday’s ruling is not affected by that decision. The government is expected to appeal.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.