Courts resisting

 

[Judge Edward] Chen scolded Homeland Security Secretary Kristi Noem for revoking protections for Venezuelans and Haitians that the judge said would send them “back to conditions that are so dangerous that even the State Department advises against travel to their home countries.”

He said Noem’s actions were arbitrary and capricious, and she exceeded her authority in ending protections that were extended by the Biden administration.

Presidential administrations have executed the law for 35 years based on the best available information and in consultation with other agencies, “a process that involves careful study and analysis. Until now,” Chen wrote.

Plaintiffs and their attorneys welcomed the news Friday, although it’s unclear if it would help people who have already been deported.

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Noem said that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from the countries to stay on for what is a temporary program. Attorneys for the government have said the secretary’s clear and broad authority to make determinations related to the TPS program are not subject to judicial review.

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A DHS spokesperson said in an email that the program has been “abused, exploited, and politicized as a de facto amnesty program” and that “unelected activist judges” cannot stop the American people’s desire for a secure country.

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In March, Chen temporarily paused the administration’s plans to end TPS for people from Venezuela. An estimated 350,000 Venezuelans were set to lose protections the following month.

But the U.S. Supreme Court in May reversed his order while the lawsuit played out. The justices provided no rationale, which is common in emergency appeals, and did not rule on the merits of the case.

Venezuelans with expired protections were fired from jobs, separated from children, detained by officers and even deported, lawyers for TPS holders said.

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Last week, a three-judge appeals panel also sided with plaintiffs, saying the Republican administration did not have the authority to vacate protection extensions granted by the previous administration.

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The Supreme Court’s reversal does not apply to Friday’s ruling. The government is expected to appeal.

  AP News