Homeland Security Secretary Kristi Noem was singled out by Washington, D.C. Judge Edward M. Chen for what he said violates the law and the U.S. Constitution.
In a ruling Friday, Chen wrote that removing the Temporary Protected Status, or TPS, of Venezuelans and Haitians could not move forward, writing, they'd be sent "back to conditions that are so dangerous that even the State Department advises against travel to their home countries."
"The Secretary’s action in revoking TPS was not only unprecedented in the manner and speed in which it was taken, but also violates the law," wrote Chen.
"For the first time in the 35-year history of the TPS program, the Trump Administration and DHS Secretary Noem took the extraordinary and unusual act of vacating TPS extensions that had already been granted – specifically, extensions given by the prior administration to Venezuela and Haiti," he added.
The ruling comes after a Supreme Court decision that stopped the lower courts from enforcing President Donald Trump's orders. However, on the closing page, the judge provided a footnote saying that at no point did the Supreme Court rule on the matter at hand.
"The Court acknowledges the Supreme Court’s order staying enforcement of the postponement order," Chen said. "However, the Supreme Court’s order only concerns the preliminary relief ordered by this Court in postponing agency action. The Supreme Court’s order did not bar this Court from adjudicating the case on the merits and entering a final judgment issuing relief under § 706 of [the Administrative Procedure Act]."
Read the full ruling here, uploaded by Josh Gerstein of Politico.
