A Small Reprieve in the Storm – How 5,000 Venezuelans Managed to Defend Their Right to Stay, for Now

byRainer Hofmann

June 3, 2025

It is a ruling that could easily be overlooked amid the flood of political decisions – and yet it marks a moment of relief for thousands of people, a legal pause in the face of the radical upheaval triggered by the Trump administration’s immigration policies. On May 31, 2025, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled that approximately 5,000 Venezuelan men and women who had received an extension of their Temporary Protected Status (TPS) under President Biden until October 2, 2026, must not be deported for the time being. They are allowed to keep their work permits, their residency documents – and a measure of legal security. This decision stands in direct contrast to a ruling by the Supreme Court on May 19, 2025 (Case No. 24A1059), which essentially permitted the Trump administration to revoke TPS for around 350,000 individuals. But what was staged as a show of power at the federal level has now met its legal limit in a specific case.

The Case

The lawsuit is titled National TPS Alliance et al. v. Noem et al., Case No. 3:25-cv-01766, and was filed in February 2025 – supported by the civil society organization National TPS Alliance and seven individually affected plaintiffs. On the opposing side: Secretary of Homeland Security Kristi Noem and the Department of Homeland Security (DHS). On January 17, 2025 – just two days after taking office – the Trump administration announced that it would retroactively revoke the TPS extension for Venezuelans. Noem justified the move with “national interest” and questioned the validity of already issued documents. For those affected, this would have meant loss of employment, the threat of deportation, and immediate revocation of legal status.

The Ruling

Judge Chen did not let this move stand. In his 78-page opinion, published on March 31, 2025, he ordered: “The DHS decision to revoke the TPS extension likely exceeds its statutory authority and violates the rights of those affected.” He made clear that TPS law does not allow for the retroactive annulment of legally issued documents and that the DHS had therefore acted arbitrarily and in violation of procedure. The group of 5,000 individuals in question was, he wrote:

“neither large enough nor dangerous enough to constitute a threat to national interests.”

Chen instructed the U.S. government to present the full administrative record within one week. Only after that, he said, could any further evidentiary proceedings be considered. The case is now moving forward before the Ninth Circuit Court of Appeals in San Francisco.

A Collective Victory

This ruling did not fall from the sky. It is the result of months of preparation, of courageous plaintiffs, of determined attorneys – and of a nationwide network of activists who carried the National TPS Alliance. The message is clear: We all fought to achieve this ruling. In a climate of fear, in which deportations have become routine and immigration policy a demonstration of power, this ruling marks a symbolic counterweight. It is not a general rejection of Trump’s policies – but it is a moment of recognition that even under pressure, the rule of law can still prevail.

Whether the government will file an appeal remains unclear. But the May 31 ruling provides time – for families, for children, for people who work, pay taxes, and do nothing more than try to live a normal life. The legal battle continues. But on that day, in that courtroom, the rule of law spoke – not arbitrariness.

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