A federal judge in San Francisco has ruled against the Trump administration’s plan to revoke temporary protected status (TPS) for over 60,000 Nicaraguan and Honduran immigrants, citing racial and discriminatory animus in the decision. The ruling by Judge Trina Thompson, a Biden appointee, found that the policy likely violates the Fifth Amendment and provided a reprieve for the affected immigrants, who are now protected from deportation.
The 37-page ruling, issued by U.S. District Judge Trina Thompson, argued that Homeland Security Secretary Krisiti Noem’s decision to end TPS was motivated by racial animus. Thompson’s decision highlighted that the cancellation of TPS for these groups was not based on legitimate humanitarian grounds but rather on discriminatory motives. The judge emphasized that ‘Color is neither a poison nor a crime,’ asserting that the plaintiffs had presented sufficient evidence to support their Fifth Amendment claim.
The Department of Homeland Security (DHS) has criticized the ruling, arguing that it reflects ‘race-baiting’ and that the move to end TPS was meant to restore immigration integrity. Assistant Secretary Tricia McLaughlin stated that the ruling is akin to a New York Times opinion piece and that the administration would appeal to higher courts. The White House spokesperson Abigal Jackson also criticized the decision, claiming that the judge lacked lawful authority to review the TPS designation and that the program was never meant to be permanent.
The decision to end TPS for Honduras and Nicaragua comes weeks after similar actions against Haitian and Venezuelan migrants. The Supreme Court had earlier allowed the termination of TPS for Venezuelans, suggesting a potential shift in legal standing. The ruling, however, has provided a temporary reprieve for the over 60,000 immigrants currently protected under TPS, allowing them to continue living and working in the United States until the courts reach a final decision.
Created by Congress through the Immigration Act of 1990, TPS allows individuals from countries affected by natural disasters, war, or other dangerous, unusual circumstances to seek refuge in the U.S. This program can be renewed in 18-month increments. The ongoing legal battles over the termination of TPS underscore the broader political and humanitarian tensions surrounding immigration policy in the United States.