Federal Judge Reaffirms Illegality of Trump Administration’s TPS Revocation for Venezuelans, But Enforcement Remains on Hold

December 12, 2025

In a significant but cautiously framed ruling, U.S. District Judge Edward Chen on Wednesday reaffirmed that the Trump administration’s abrupt termination of Temporary Protected Status (TPS) for Venezuelan immigrants was unlawful — but once again paused the effect of his own decision, this time for two weeks, to allow a federal appeals court to weigh in.

The ruling marks the latest chapter in a year-long legal battle over the fate of roughly 600,000 Venezuelans who were granted TPS under President Joe Biden, only to see that protection stripped away by Department of Homeland Security Secretary Kristi Noem shortly after the new administration took office in 2025.

A Legal Ping-Pong Match

Since the National TPS Alliance filed suit in February, the case has ricocheted between courts:

• March: Judge Chen first blocked the revocation, calling it likely illegal.
• May: The Supreme Court, without explanation, stayed that ruling — effectively reinstating the termination.
• August: Chen issued a new temporary stay, which the Ninth Circuit upheld.
• September: Chen granted summary judgment to the plaintiffs, writing that the revocation “violates the law” and was “unprecedented in the manner and speed in which it was taken.”
• October: The Supreme Court again intervened, partially staying Chen’s order.
• December: Chen granted declaratory relief — a formal judicial statement that the revocation was unlawful — but stayed it for 14 days.

Why the Stay?

Chen emphasized that the pause is not a retreat. “My view is that the order was effective immediately, and if there was any doubt, I am reaffirming that,” he said at Wednesday’s hearing. The two-week stay simply gives the Ninth Circuit — already scheduled to hear oral arguments in January 2026 — a chance to decide whether to extend the pause further.

What’s at Stake

TPS, created by the Immigration Act of 1990, shields immigrants from deportation when their home countries are deemed unsafe due to armed conflict or environmental catastrophe. For Venezuelans, the designation was based on the humanitarian and political crisis that has driven millions to flee.

The plaintiffs argue that Noem’s decision was not only legally flawed but “motivated at least in part by racial animus,” pointing to her reported description of Venezuelan TPS recipients as “dirtbags.” The government counters that TPS is a discretionary form of relief that can be withdrawn at any time.

A Tool for Future Fights

While Wednesday’s declaratory relief order does not immediately change anyone’s immigration status, it arms TPS holders with a powerful legal weapon. As the plaintiffs openly acknowledged in their motion, the formal court finding of illegality can be cited in other cases to challenge detentions or deportations of individual Venezuelans.

Next Moves

The Ninth Circuit could:

• Let Chen’s order take effect, reopening TPS registration for Venezuelans;
• Issue its own stay, keeping the revocation in place through the appeal; or
• Schedule expedited briefing, given the January argument date already on the calendar.

For now, Venezuelan TPS holders remain in limbo — protected by the spirit of Judge Chen’s repeated rulings, but still vulnerable to enforcement actions that higher courts have so far refused to block.