GOOD NEWS - JUDGE BLOCKS TRUMP ACTION TO DEPORT VENEZUELANS
Judge rules TPS for Venezuelans must continue; Noem's racist claims lacked evidence, decision offers relief.
On March 31, Federal Judge Edward M. Chen said that the TPS protection approved by President Biden for Venezuelans must continue despite attempts by President Trump and his administration to remove this protection and deport them.
In a decision of more than 78 pages, the judge said that Secretary of Homeland Security Kristi Noem made a mistake when she announced the elimination of TPS for Venezuelans, especially because she used racist criteria, especially negative stereotypes against an entire group in general. It is a classic example of racism, said the judge.
The argument used by Noem was basically that all Venezuelans who came to the country were members of the Tren de Aragua gang, but she gave no legitimate reason for denying them TPS. The judge in San Francisco said that a rational legal basis must be used to eliminate or change TPS designations.
In the current TPS designation for Venezuelans, there are two groups of Venezuelans: some who would lose protection this April and others in September benefiting from the extensions of President Biden and then-Secretary Alejandro Mayorkas.
The Trump administration will surely appeal this decision, but for now it provides some relief to Venezuelans in the TPS program, so they should continue to apply for and request TPS extensions. If you are covered in this group, it is important that you speak to your lawyer as soon as possible, especially if you are currently facing immigration issues or are detained.
The judge also said that he had information that Venezuelans with TPS, Temporary Protected Status, are generally law-abiding citizens who work and pay their taxes, contrary to what Trump's policy says, which is that most are rapists and criminals. The judge also said that Secretary Noem lacks real evidence, especially with regard to the connection of these people with the Tren de Aragua. What's more, he said that Venezuelans with TPS have much lower crime rates than the general population.
We hope that the intelligent decision of this judge, who used logic and truth in making this decision, will be upheld. For now, stay tuned as we await the current administration's appeals.
