Federal Judge Halts DHS Move to End TPS for 1.1 Million Venezuelans and Haitians

The seal of U.S. Department of Homeland Security is seen before the news conference with Acting director of U.S. Immigration and Customs Enforcement (ICE) Todd Lyons at ICE Headquarters, in Washington, on May 21, 2025. (AP Photo/Jose Luis Magana, File)

Washington, D.C., September 5, 2025 — A federal judge issued a preliminary injunction late Thursday, blocking the Department of Homeland Security (DHS) from terminating Temporary Protected Status (TPS) for approximately 1.1 million Venezuelans and Haitians living in the United States. The ruling, handed down by U.S. District Judge Ricardo Martinez in the Western District of Washington, preserves legal protections for these immigrants, preventing their potential deportation while legal challenges to the DHS decision proceed.

The TPS program, established under the Immigration Act of 1990, grants temporary legal status to nationals of countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make return unsafe. Venezuela and Haiti have been designated TPS countries due to ongoing political turmoil, economic collapse, and natural disasters, with an estimated 837,000 Venezuelans and 264,000 Haitians currently benefiting from the program in the U.S.

The DHS, under the direction of the Trump administration, announced plans earlier this year to end TPS designations for both countries, arguing that conditions had sufficiently stabilized to warrant termination. The decision sparked immediate backlash from immigrant advocacy groups and lawsuits from affected communities, who argued that ending TPS would expose beneficiaries to dangerous conditions and disrupt their lives in the U.S., where many have built families and careers.

Judge Martinez’s ruling came in response to a lawsuit filed by a coalition of advocacy organizations, including the American Civil Liberties Union (ACLU) and the Haitian Bridge Alliance. The judge found that the plaintiffs demonstrated a likelihood of success in proving that the DHS decision was arbitrary and violated federal law. “The evidence suggests that the termination of TPS for Venezuela and Haiti may not have followed proper administrative procedures and could cause irreparable harm to hundreds of thousands of individuals,” Martinez wrote in his decision.

The injunction temporarily halts the termination process, ensuring that TPS beneficiaries from Venezuela and Haiti retain their legal status, work permits, and protection from deportation until the court reaches a final ruling. The decision does not expand TPS or grant new designations but preserves the status quo for current recipients.

Advocacy groups celebrated the ruling as a critical victory. “This decision is a lifeline for over a million people who have built their lives here and face unimaginable risks if forced to return,” said Maribel Hernández, an attorney with the ACLU’s Immigrants’ Rights Project. “We will continue to fight to ensure their protections are permanent.” Community leaders, such as Guerline Jozef of the Haitian Bridge Alliance, echoed the sentiment, calling the ruling “a step toward justice for families who contribute to our society.”

The DHS issued a brief statement acknowledging the court’s decision and stating it would comply with the injunction while reviewing its next steps. The department declined to comment further, citing ongoing litigation. Critics of the TPS terminations, including Democratic lawmakers, praised the ruling, with Senator Bob Menendez (D-NJ) posting on X: “This is a win for humanity and common sense. Venezuelans and Haitians deserve safety, not deportation to chaos.”

Opponents of TPS, however, argue that the program has been misused to grant long-term residency to individuals from countries no longer facing acute crises. A spokesperson for the Federation for American Immigration Reform, a group advocating for stricter immigration policies, called the ruling “a setback for lawful immigration processes” and urged the administration to appeal.

The ruling adds to a series of legal battles over TPS, which has faced repeated challenges under multiple administrations. Previous attempts to end TPS for other countries, including El Salvador and Honduras, were similarly blocked by courts in recent years. The current case is expected to proceed to a full trial, which could take months or longer, leaving the future of TPS for Venezuelans and Haitians uncertain.

For now, the injunction provides relief to the 1.1 million TPS holders, many of whom have lived in the U.S. for years, working in industries such as healthcare, construction, and hospitality. Community advocates are urging Congress to pass legislation creating a permanent pathway to residency for TPS recipients, arguing that temporary protections leave families in limbo.

As the legal fight continues, the ruling underscores the ongoing tension between the administration’s immigration policies and the judiciary’s role in reviewing them. With immigration remaining a polarizing issue, the fate of TPS beneficiaries will likely remain a flashpoint in national debates.