The federal district judge of San Francisco Edward Chen suspended on Monday the decision of the Government of Donald Trump to end the temporal legal protections for hundreds of thousands of Venezuelans, a week before they expired. In a hard resolution of 78 pages, the judge precautionaryly suspends the measure taken by the Secretary of National Security, Kristi Noem, which is an immediate relief for 350,000 Venezuelans whose temporary protection status (TPS) was going to expire on April 7. In addition, there are another 250,000 Venezuelans for which the TPS ended in September. “The Court considers that the action of the Secretary (Noem) threatens: to inflict irreparable damage to hundreds of thousands of people whose lives, families and means of subsistence will be seriously disturbed, it will cost billions of dollars to the economic activity of the United States and will harm public health and security in communities in communities Judge in the operative part of its resolution. “At the same time, the Government has not been able to identify any real compensatory damage in the continuation of the TPS for Venezuelan beneficiaries. The plaintiffs have also shown that they will probably be successful in demonstrating that the actions taken by the Secretary (of National Security) are not authorized by law, they are arbitrary and capricious, and are motivated by an unconstitutional animosity,” he adds. “For these reasons, the Court grants the application of the plaintiffs to postpone the contested actions until the fund of this case is definitively resolved,” he concludes. The lawsuit was filed by lawyers of the TPS National Alliance and by affected who enjoy the status of temporary protection throughout the country. Judge Chen’s resolution, appointed by Democratic President Barack Obama, has effects throughout the country. The Congress approved the law granted by TPS in 1990 to avoid deportations to countries that suffer from natural disasters or civil conflicts. This status authorizes living and working in the United States for periods of up to 18 months if the person at the head of the National Security Department considers that the conditions in their countries of origin are insecure for the return. The judge emphasizes that annuling the existing TPS is an “unprecedented action”, “a step that has never taken any previous administration in the 35 years of the program” and that Noem took it only three days after assuming the position, reviring the measures of the previous government. Chen, which gives the government a week to present an appeal notification, also disassembles the xenophobic arguments on which the decision was based. “Although the secretary’s actions seem to be based on negative stereotypes that defame the entire community (insinuating that they were released from Venezuelan mental health and institutions and imposed huge financial loads to local communities), the indisputable history establishes that the beneficiaries establish Venezuelans of the TPS, in fact, have a higher level of education to that of most American citizens (between 40% and 54% have a degree), have high rates of labor participation (between 80% and 96%), they obtain almost all their personal income (96%) and contribute annually with billions of dollars to the US economy and pay hundreds of millions of millions social. They asked the judge to suspend the orders of Noem, claiming the irreparable damage to the holders of the TPS fighting against the fear of deportation and the possible separation of their relatives. The government’s lawyers said that Congress granted the secretary a clear and broad authority to make decisions related to the TPS program and that the decisions were not subject to judicial review. The plaintiffs have no right to prevent the secretary’s orders from being executed, they said. The judicial decision gives the plaintiffs for a week to request the suspension of the resolution that of the National Security Department that will end the protections of about 500,000 Haitians in August. Biden considerably expanded the use of TPS and other temporary forms of protection in a strategy to create and expand the legal routes to live in the United States, while suspending asylum for those who enter illegally.Trump has questioned the impartiality of a federal judge who blocked his plans to deport Venezuelan immigrants to El Salvador of the judge. Administration has also said that it will revoke the temporal protections for more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans who have arrived in the United States since October 2022 through another legal route called Humanitarian Parole, which Joe Biden used more than any other president. Their two -year work permits will expire on April 24. The Government has decided to suppress that legal status and the work visas of the beneficiaries and their relatives, who have been given a few weeks to self -portion and leave the country. If they do not do so before 30 days, they will be arrested by the Immigration and Customs Control Service (ICE). That resolution has also been appealed to the courts. (Tagstotranslate) Migrants
