The federal district judge of San Francisco Edward Chen suspended the decision of the Government of Donald Trump on Monday to end the temporal legal protections for hundreds of thousands of Venezuelans, a week before their expiry. In a harsh resolution of 78 pages, the judge pre -relevantly suspends the measure adopted by the secretary of national security, Kristi Noem, which is an immediate relief for 350,000 Venezuelans whose state of temporal protection (TPS) would have expired on April 7th. In addition, there are another 250,000 Venezuelans for which the TPS ended in September.
“The court believes that the action of the secretary (Noem) threatens: inflict irreparable damage to hundreds of thousands of people Whose lives, families and means of subsistence will be seriously disturbed, they will cost billions of dollars to the economic activity of the United States and damage public health and safety in communities throughout the country “, The judge says in the operational part of his resolution.
“At the same time, the government was unable to identify any real compensatory damage The continuation of the TPS for Venezuelan beneficiaries. The lawsuit 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 the law, are arbitrary and capricious and are motivated by an unconstitutional animosity “, he adds”. For these reasons, the Court grants the request for complaints to postpone the contested actions until the fund of this case is definitively resolved. concludes.
The case was presented by the lawyers of the TPS National Alliance and for Interested in enjoying the state of temporary protection across the country. The resolution of Judge Chen, appointed by Democratic President Barack Obama, has effects across the country.
The congress approved the law granted by TPS in 1990 to avoid deportations in countries suffering from natural catastrophes or civil conflicts. This status authorizes life and work in the United States for periods of up to 18 months if the person at the head of the National Security Department believes that the conditions in their countries of origin are not safe for the return.
Him The judge underlines That the cancellation of 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 only three days after taking the position, reversing the measures of the previous government. Chen, who gives the government a week to present an appeal notification, also disassembled the xenophobic topics on which the decision was based.
“Although the actions of the secretary seem to be based on negative stereotypes that defame the entire community (insinuating that they were issued by Venezuelan prisons and mental health institutions and have imposed enormous financial charges on the local community), the undisputed history establishes 40% degree), which 40% have established 40% of degree). Participation (between 80% and 96%), Their personal income (96%) and contributes every year with billions of dollars to the United States economy and pays hundreds of millions, if not billions, in social security taxes. Indicates flat.
At a certain point of view on Monday last week, the lawyers of the TPS beneficiaries said that Noem does not have the authority to cancel the protections and that their actions were partially motivated by racism, says Associated Press. They asked the judge to suspend Noem’s orders, claiming irreparable damage to TP holders who fight for the fear of deportation and the possible separation of their relatives.
The government’s lawyers said that Congress gave the secretary a clear and wide authority to make decisions relating to the TPS program and that the decisions were not subject to judicial review. The complaints do not have the right to prevent the execution of the secretary’s orders, they said.
The judicial decision gives the complaints a week to request the suspension of the resolution that of the Department for National Security that putting an end to the protections of about 500,000 Haitians in August. Biden has considerably expanded the use of TPS and other temporary forms of protection in a strategy to create and expand legal routes to live in the United States, while supporting kindergarten for those who enter illegally.
Trump has questioned the impartiality of a federal judge who blocked his plans to expel Venezuelan immigrants in El Salvador and criticized his decision only a few hours before his administration asked a court of appeal to lift the judge’s order.
The Administration also said that it will revoke the Temporary protections for over 530,000 Cubans, Haitians, Nicaraguansi and Venezuelani who arrived in the United States from October 2022 to Another legal path called WORDS humanitarian, That Joe Biden has used more than any other president. His work permits for two years will expire on April 24th.
The government has decided to suppress this legal status and the work visas of the beneficiaries and their relatives, to which a few weeks were assigned for cars -lead and leave the country. If they don’t do it before 30 days, they will be arrested for The immigration control service and customs (ICE). This resolution was also appealed to the courts.
