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venezuela
'Unconstitutional Animus': Federal Judge Blocks Trump Mass Deportation Effort
"The government," said the judge, "has failed to identify any real countervailing harm in continuing [temporary protected status] for Venezuelan beneficiaries."
Apr 01, 2025
An effort by the Trump administration to unilaterally strip the temporary protected status (TPS) of approximately 350,000 Venezuelan refugees living in the United States was blocked Monday night by a federal court judge who described the order by Secretary of Homeland Security Secretary Kristi Noem as being "motivated by unconstitutional animus."
In a 78-page ruling, U.S. District Judge Edward Chen in San Francisco said Noem's rescinding of an order made under the Biden administration "threatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States. At the same time, the government has failed to identify any real countervailing harm in continuing TPS for Venezuelan beneficiaries."
The ruling puts a pause on the Trump administration's action, which would have stripped the humanitarian protections next week and opened the door for immediate deportations of those previously granted the right to live in the U.S. due to the economic and political instability in their home country.
Plaintiffs in the lawsuit argued that Trump's Department of Homeland Security (DHS) violated the Administrative Procedure Act by failing to follow necessary rules set by Congress in reaching its decision to end the protections. "Until now, no administration had ever moved to rescind a grant of TPS protection," said the Haitian Bridge Alliance (HBA), among the groups that helped bring the challenge in court.
Chen said the TPS holders who acted as plaintiffs in the case—represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy (CILP) at UCLA School of Law, and HBA—were likely to prevail on the merits, showing that Noem's order was "unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus."
Jose Palma, coordinator of the National TPS Alliance, welcomed the decision.
"In the face of adversity, we stand united," Palma said in a statement after the ruling.
"This is not just a legal win," Palma continued, "but a testament to the strength of the TPS community and all who fight alongside us. We will continue this fight with unwavering resolve, not only to protect the future of 350,000 Venezuelans but to defend all TPS holders in this country. Together, we will ensure that the voices of those who seek safety and opportunity are heard and that no one is unjustly torn from their families."
Jessica Bansal, an attorney with NDLON, said, "the Venezuelan TPS holders, like all TPS holders, are living and working lawfully in this country pursuant to a humanitarian program created by Congress 30 years ago. Today's decision to pause the Trump administration's unlawful attempt to strip them of protection provides them and their families with much-needed relief."
One of the plaintiffs, identified by the initials M.H. and due to lose her status within days, also expressed relief.
"My daughter and I rely on TPS to live here," she said. "Without TPS, I would risk being separated from my husband and young son, both of whom are U.S. citizens. I am beyond elated to know that the judge has granted protection while we continue this fight to protect my family and hundreds of thousands of others."
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Trump DOJ Turns to Supreme Court to Lift Ban on El Salvador Deportation Scheme
The appeal to the Supreme Court is the latest move in an unfolding battle between the judiciary and the White House.
Mar 28, 2025
The U.S. Department of Justice on Friday appealed to the U.S. Supreme Court to lift a lower court restriction on the Trump administration's ability to continue to carrying out deportations using the 1798 Alien Enemies Act, a wartime authority U.S. President Donald Trump invoked in mid-March to deport Venezuelan immigrants he alleged, without evidence, were criminal gang members but who legal experts say are the victims of authoritarian overreach and still entitled to due process.
The deportees are currently being held at a megaprison in El Salvador, which U.S. Homeland Security Secretary Kristi Noem toured on Wednesday, in part to film a video in front of the incarcerated men—a move that was widely decried as sadistic and fascist behavior by a senior administration official.
On March 15, the same day that Trump published an executive order stating its intention to use the Alien Enemies Act to carry out deportations, U.S. District Judge James Boasberg issued a nationwide temporary restraining order, halting furthering removals of noncitizens under The Alien Enemies Act. The rarely used provision, never before invoked when the U.S. was not engaged in a war authorized by Congress, gives the president the ability to detain or deport noncitizens without first appearing before an immigration judge or federal court judge.
On Wednesday, a federal appeals court panel kept in place Boasberg's order while the court decides on the underlying legal issues in the case—prompting the Trump administration to appeal to the Supreme Court.
The administration is asking the court to overturn Boasberg's block, arguing that—in the words of Acting Solicitor General Sarah Harris—the "case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country—the president, through Article II, or the judiciary, through [temporary restraining orders]."
As with other recent appeals from the Trump administration, according to CNN, the White House's argument before the Supreme Court leaned on complaints that the lower courts are standing in Trump's way.
"Only this court can stop rule-by-[temporary restraining order] from further upending the separation of powers—the sooner, the better," Harris told the Supreme Court. "Here, the district court's orders have rebuffed the president's judgments as to how to protect the nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations."
On March 18, Trump called Boasberg a “Radical Left Lunatic of a Judge, a troublemaker and agitator," and also said that "this judge, like many of the Crooked Judges' I am forced to appear before, should be IMPEACHED!!!" Rep. Brandon Gill (R-Texas) said a few days prior that he would be would "be filing articles of impeachment against activist Judge James Boasberg."
Days later, John Roberts, the conservative chief justice of the U.S. Supreme Court, issued a rare statement rebuking calls from Trump and members of his orbit for the impeachment of federal judges who have ruled against the administration.
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'Some Truly Sick Sh*t': Kristi Noem Compared to the 'Gestapo' for Video Featuring Deportees in El Salvador
"If hell exists, Kristi Noem is a shoo-in," wrote one pastor.
Mar 27, 2025
U.S. Homeland Security Secretary Kristi Noem has sparked fierce criticism for a video she filmed on Wednesday while touring the megaprison in El Salvador that is currently holding immigrants who were deported by the Trump administration earlier in March.
The administration defied a court order when deporting over 200 Venezuelans, who the White House alleges are gang members.
In the video, Noem stands in front of a cell that holds male detainees, some of whom are only wearing pants, and warns people against coming to the United States illegally.
"This is some truly sick shit," wrote Fred Wellman, a political consultant and podcast host, on Wednesday. John Pavlovitz, an author and pastor, wrote "If hell exists, Kristi Noem is a shoo-in." Noem was also accused of making "content" out of the imprisoned men at the facility.
"If you ever wondered what the Gestapo would look like in 2025, wonder no longer," wrote the account Polling USA, which is run by Curtis Fric and posts publicly available data, in reference to the political police force of Nazi Germany.
Noem made the video while touring two cell blocks and other areas of the prison, perCNN. While the Trump administration maintains that the detainees who were deported have gang ties, court declarations from attorneys and family members of the migrants allege many of them are not affiliated with gangs.
"If you come to our country illegally, this is one of the consequences you can face," Noem said in the video. "First of all, do not come to our country illegally. You will be removed and you will be prosecuted, but know that this facility is one of the tools in our toolkit that we will use if you commit crimes against the American people."
When deporting the Venezuelans from the United States, the Trump administration invoked a rarely used statute that gives the president the ability to detain or deport noncitizens without first appearing before an immigration judge or federal court judge.
On Wednesday, an federal appeals court panel kept in place a lower court order temporarily barring the Trump administration from deporting more immigrants under the Alien Enemies Act.
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