U.S. District Judge Edward M. Chen, on March 31, 2025, granted the motion to postpone DHS Secretary Kristi Noem’s decision to suspend temporary protected status for Venezuelans while the litigation continues. Judge Chen pointed to the harm that suspending TPS would bring to the affected families and to the US economy and public health and safety. Judge Chen stated that Secretary Noem’s termination of the TPS status “is entirely lacking in evidentiary support.”
“At the same time, the government has failed to identify any real countervailing harm in continuing TPS for Venezuelan beneficiaries,” the judge said. “Plaintiffs have also shown they will likely succeed in demonstrating that the actions taken by the secretary are unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”
The order applies to the nearly 350,000 TPS holders associated with the 2023 designation, who under the DHS TPS suspension would have lost their work authorization on April 3 and deportation protections on April 7.
What happens next: These individuals will maintain their work authorization and deportation protection while the case is decided.
Erickson Insights
The National TPS Alliance, on February 20, 2025, alleged that DHS Secretary Noem acted unlawfully when she moved to terminate TPS for Venezuelans, and that it was driven, at least in part, by racial animus. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.