Federal judge orders 24-hour extension for Venezuelan Temporary Protected Status registration

A federal judge ruled Friday that a computer glitch may have stymied some Venezuelans’ attempts to re-register online for a Biden-era deportation amnesty just ahead of the deadline, and he ordered Homeland Security to give them another 24 hours to do so. Here’s what you need to know about the court ruling on Venezuelan Temporary Protected Status:

The court ruling

Federal judge orders registration extension due to technical problems:

• Judge Edward Chen, Obama appointee to U.S. District Court for Northern District of California, previously ruled against Trump administration’s attempt to wind down Temporary Protected Status for Venezuelans
• In his new ruling, he said government was illegally delaying compliance
• Online registration system was down for 12 hours on Wednesday, which was supposed to be last day to sign up
• Judge Chen ordered government to allow another 24-hour registration period to make up for that snafu and said those applications will be treated as if they were submitted on time

The government’s legal argument

Justice Department sought automatic stay of ruling:

• Justice Department lawyers argued that law allowed for automatic stay of ruling to give government chance to get things in order — and pursue an appeal
• Judge Chen disagreed with government’s position
• “Contrary to what the government argues, the final judgment setting aside agency action went into immediate effect,” he ruled
• Court rejected administration’s attempt to delay implementation

The individual impact

Venezuelan worker loses job due to registration confusion:

• Immigration advocates said administration’s delay in complying had sown confusion among immigrants who were hoping to take advantage of TPS
• TPS grants stay of deportation and lets migrants get work permits
• Immigration groups pointed to one woman, whose name they gave as Noelia, who said she lost her job at Amazon because government’s website said TPS for Venezuelans had expired
• She said she tried to show company copy of Judge Chen’s previous order, to no avail

The employment consequences

Worker hopes court order will restore job opportunity:

• “I hope today’s order means that I can get my job back so I can support myself,” the woman said in statement the groups released
• Case illustrates practical consequences of legal uncertainty around TPS status
• Workers caught between conflicting government messages about program availability
• Employment verification systems reflecting outdated information about program status

The complex legal battle

TPS litigation involves multiple court levels:

• TPS has proved to be one of more complicated legal fights
• Early decision by Judge Chen finding government acted too rashly in winding down program for hundreds of thousands of Venezuelans was put on hold by Supreme Court
• Judge Chen returned last week with new ruling he said wasn’t barred by justices’ previous action
• Multiple court interventions create ongoing uncertainty for program participants

Read more:

• Court orders DHS to give Venezuelans another chance to register for deportation protection