- “People’s futures are hanging in the balance, and the Trump administration is playing games with their lives and the rule of law.” – Emi MacLean, ACLU of Northern California
By Vanguard Staff
SAN FRANCISCO – A federal judge on Thursday ordered the Trump administration to comply with his earlier ruling restoring Temporary Protected Status (TPS) for Venezuelans and Haitians after the government failed to update its systems and blocked TPS holders from re-registering. The order marked another dramatic turn in a high-stakes case that has left hundreds of thousands of immigrants in limbo.
On Friday, Judge Edward M. Chen ruled again that the administration’s actions stripping humanitarian protections from more than a million Venezuelans and Haitians were unlawful. Despite that decision, the U.S. Citizenship and Immigration Services website continued to state that TPS for Venezuela had been “terminated.” In court filings, the government further argued it had no obligation to comply with the judge’s ruling because it claimed the order was not yet in effect.
During an emergency hearing in San Francisco, Judge Chen flatly rejected that position. “The order was effective immediately,” he said. His ruling made clear that the administration’s refusal to act was not only unlawful but had already caused harm. He directed the government to update the USCIS (US Citizenship and Immigration Services) website by 5 p.m. Friday to reflect the court’s ruling and ordered officials to reopen TPS registration for Venezuelans for 24 hours.
Declarations filed in court illustrated the human consequences of the administration’s failure to comply. TPS holders described losing jobs, being detained, and even facing possible deportation despite still being legally protected under federal law.
“On Wednesday, I lost my job because the government’s website still said that TPS was terminated,” said Noelia, a former Amazon employee. “I even sent them a copy of Judge Chen’s order, but they would not accept it on its own. I hope that today’s order means that I can get my job back so I can support myself.”
Attorneys for the plaintiffs also argued that the government effectively removed the option to register online for TPS for Venezuelans during most of the final day of registration, sparking panic among TPS holders. They said the portal was disabled for a significant part of September 10, which was the final day to register under the earlier Mayorkas extension. The government’s attorney acknowledged that the outage occurred but blamed it on a “coding error.”
Judge Chen found that explanation inadequate and concluded that the government’s actions had unlawfully deprived Venezuelans of the opportunity to maintain their status. He ordered that the registration portal must be reopened for at least 24 hours and that Venezuelans who register during this time will be considered to have registered on time. He also required the government to notify plaintiffs’ attorneys at least four hours in advance of reopening the registration window.
In his written order, Chen rejected the government’s claim that it had an automatic stay that excused it from following the ruling. He clarified that the final judgment “went into immediate effect” and emphasized that failing to implement the order would render it meaningless. He further wrote that even if there had been ambiguity, the court had the authority to make the ruling immediately effective, and he was exercising that authority.
Immigrant rights advocates and community leaders celebrated the decision. “The National TPS Alliance was outraged by the government’s refusal to comply with the court’s order. The court made clear again today that the law must be respected,” said Jose Palma, coordinator of the National TPS Alliance, the lead plaintiff in the case. “We will continue to organize our community to fight for TPS and permanent protections.”
Jessica Bansal, an attorney with the National Day Laborer Organizing Network, called the administration’s argument “troubling, to say the least.” She said, “We are pleased the court rejected it and directed DHS to recognize the ongoing validity of Venezuela’s TPS designation.”
Others said the case underscored how much was at stake for immigrant families. “People’s futures are hanging in the balance, and the Trump administration is playing games with their lives and the rule of law,” said Emi MacLean of the ACLU of Northern California. “Court orders are not optional. Human beings are not political pawns.”
Adelys Ferro, executive director of the Venezuelan American Caucus, said that while the decision was a victory, it was only one step in a longer fight. “Today, once again, justice prevailed. Our fight is far from over, but we will face one battle at a time, together with our brothers and sisters of the National TPS Alliance,” she said. “Venezuelans don’t have a safe country to return to, and we depend on our TPS status to provide us refuge in the United States.”
The ruling highlighted the ongoing tension between the judiciary and the Trump administration on immigration policy. The court’s order not only compels immediate compliance but also requires transparency. Judge Chen instructed the government to file a declaration explaining the so-called “technical problem” that shut down the TPS registration portal on the final day, noting the importance of documenting the issue for the record in case of an appeal.
The decision also reaffirmed that the court sees TPS as more than an administrative measure—it is a legal safeguard that protects immigrants from instability, persecution, or unsafe conditions in their home countries. By insisting on compliance, Judge Chen underscored that federal agencies must respect judicial authority, even as the administration pursues its immigration agenda.
For TPS holders, the ruling provides a temporary reprieve but does not end uncertainty. Advocates say the long-term solution must be permanent protections rather than repeated cycles of litigation.
The plaintiffs in the case are represented by the National Day Laborer Organizing Network, the ACLU Foundations of Northern and Southern California, the Center for Immigration Law and Policy at the UCLA School of Law, and the Haitian Bridge Alliance. Together, they said they will continue pressing for stronger protections and permanent status for TPS holders across the United States.
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Judge Edward M. Chen is an Obama appointee.
In November 2018, Chief Justice John Roberts issued a rare public statement declaring, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges”.
We have judges appointed by those former President’s administrations who often make judgements based on their politics.
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