Federal judge halts Trump’s plan to end TPS for Venezuelans, calls justification ‘racist

A federal judge on Monday put a temporary stay on plans by President Donald Trump’s administration to end deportation protections for hundreds of thousands of Venezuelans.

The order is the latest judicial setback for Trump, whose flurry of executive orders around immigration have repeatedly encountered pushback from judges in the United States.

US District Judge Edward Chen said the administration’s plan to end Temporary Protected Status (TPS) on April 7 “smacks of racism” and mischaracterizes Venezuelans as criminals.

“It is evident that (Homeland Security Secretary Kristi Noem) made sweeping negative generalizations about Venezuelan TPS beneficiaries,” Chen wrote, according to the Washington Post, listing examples where Noem had echoed Trump’s false claims that the majority of Venezuelans in the United States were criminals.

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Noem’s justification for the order, made shortly after she was sworn in, is “entirely lacking in evidentiary support.”

“Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,” Chen wrote in a 78-page ruling.

The temporary stay issued by the US District Court in the district of Northen California, which sits in San Francisco, prevents Noem’s Department of Homeland Security from allowing TPS to expire on April 7, and gives recipients time to mount a legal challenge.

The ruling comes with Trump pressing ahead with what he has called the largest mass deportation in US history.

Although the amount of people deported is not as large as it has been under previous administrations, many deportations have been deliberately public and eye-catching, often involving placing detained people in chains and sending them on military aircraft.

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Earlier this month, Trump invoked the wartime Alien Enemies Act to send scores of Venezuelans to a notorious prison in El Salvador, despite a judge ordering the planes carrying the men to turn around.

The administration has said that the use of such measures is justified, insisting they are members of a brutal crime gang called Tren de Aragua.

However, relatives of the men say they have simply been swept up by immigration officials and have nothing to do with the gang.

Former president Joe Biden had extended Temporary Protected Status for another 18 months just days before Trump returned to the White House.

The United States grants TPS to foreign citizens who cannot safely return home because of war, natural disasters or other “extraordinary” conditions.

Trump’s White House campaign leaned heavily on the supposed criminality of undocumented migrants, although statistically immigrants are less likely to commit crime than native-born Americans.

He sought to end the TPS program during his first term but was stymied by legal opposition.

According to the Pew Research Center, as of March 2024 there were 1.2 million people eligible for or receiving TPS in the United States, with Venezuelans making up the largest group.