San Francisco – A federal judge today ordered the Trump administration to comply with his earlier ruling reinstating Temporary Protected Status (TPS) for Venezuelans. The order follows the government’s failure to allow individuals to access a website where they could renew the protections currently in place. 

On Friday, Judge Edward M. Chen had ruled that the Trump administration’s actions stripping humanitarian immigration relief – TPS – from a million Venezuelans and Haitians were illegal. However, the government has refused to comply with the order. The website used by TPS holders stated that TPS for Venezuela has been “terminated.” In a court filing, the government asserted that it had no obligation to comply with the judge’s order, contending that it was not yet in effect.  

During an emergency hearing in San Francisco, Judge Chen rejected the government’s arguments, stating: “The order was effective immediately.”  

The government’s failure to comply with the judge’s earlier order has caused widespread confusion and harm to TPS holders, their employers, and the broader public. In declarations filed with the court, TPS holders described being laid off from work, or held in detention and at risk of deportation, despite their protected legal status.

“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.”

The plaintiffs also argued that the Trump administration removed the option to register online for TPS for Venezuela for virtually all of yesterday, which was the critical final day to register, sparking panic among TPS holders trying to register. The government attorney blamed a “coding error” for the “outage.”  

The judge ordered the Trump administration to update the USCIS website by Friday at 5 pm to reflect the order restoring TPS for Venezuela and Haiti. The judge also ordered the government to reopen TPS registration for Venezuelans for 24 hours. 

“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.”

“The government’s assertion that it was not required to comply with the federal court’s September 5 order was troubling, to say the least,” said Jessica Bansal, attorney with the National Day Laborer Organizing Network. “We are pleased the court rejected it and directed DHS to recognize the ongoing validity of Venezuela’s TPS designation.”

“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.”

“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,” said Adelys Ferro, Executive Director of the Venezuelan American Caucus. “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 plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, Center for Immigration Law and Policy (CILP) at the UCLA School of Law, and Haitian Bridge Alliance (HBA).  

About UCLA CILP:

Founded in 2020, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law expands the law school's role as a national leader in immigration law and policy, generating innovative ideas at the intersection of immigration scholarship and practice and serving as a hub for transforming those ideas into meaningful changes in immigration policy. 

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