A San Francisco-based judge has ruled against the Trump administration, stopping the removal of temporary protective status for hundreds of thousands of Venezuelans. The original executive order was set to go into effect the second week of April. That has now been put on hold, with protections from removal and work permits extended under Judge Edward M. Chen's order.

There's a pretty big issue, though. It appears that the federal judge from the Northern District of California violated the law with his decision. 

ALSO SEE: Lower Court Judges Are Acting Much Differently Toward Trump Than Previous Admins

BREAKING: Federal judge Edward Chen in San Francisco has blocked the Trump administration from ending TPS (Temporary Protected Status) for 350,000 Venezuelans in the US, for now. Their work permits & protection from removal was set to be terminated next week.

Judge Chen writes:…

— Bill Melugin (@BillMelugin_) March 31, 2025

BREAKING: Federal judge Edward Chen in San Francisco has blocked the Trump administration from ending TPS (Temporary Protected Status) for 350,000 Venezuelans in the US, for now. Their work permits & protection from removal was set to be terminated next week.

Judge Chen writes: “…the Secretary’s action threatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States. At the same time, the government has failed to identify any real countervailing harm in continuing TPS for Venezuelan beneficiaries.”

We're going to get to the bombshell here, but there's plenty to say about Chen's reasoning as well. Should a judge be overruling the executive branch based on his own personal feelings about "economic activity" and "public health?" How would "safety in communities" even be affected? 

I would posit that none of that should be considered. The only thing Chen should have been analyzing was what the law says and whether the administration was within its legal right to remove TPS in this case. Not only did he not do that, but it appears he completely contradicted the law. 

You see, this issue was already litigated under the first Trump administration, and the Ninth Circuit Court of Appeals ruled that TPS is not subject to judicial review.

Here is that Prior 9th Circuit decision siding with the Trump admin when he sought to terminate TPS for Haiti, Sudan, Nicaragua, and El Salvador and a district judge tried to block it. https://t.co/11febAVT0W

— Bill Melugin (@BillMelugin_) April 1, 2025

In other words, not only is Chen violating the law with his order by ruling on something already deemed not subject to judicial review, but he's then demanding the administration meet a legal standard that doesn't even exist. 

At the same time, the government has failed to identify any real countervailing harm in continuing TPS for Venezuelan beneficiaries.

The administration does not have to show "real countervailing harm" in continuing TPS. That is a standard Chen made up out of whole cloth while defying the legal precedent set by the appeals court. I'm not trying to be hyperbolic, but that seems patently insane to me. As in, I would say that's the worst example of judicial activism we've seen yet during Trump's second term. 

Will this likely be overturned? Given that the Ninth Circuit will be the one to hear any appeal brought by the administration, I would hope so. Does that really make this situation any better, though? If a judge can work the clock this easily by blatantly ignoring the law until someone bothers to overturn him, at which point he pays little to no legal price, then we can expect this kind of behavior to continue. That is, unless the Supreme Court finally puts a stop to these expansive rulings by lower-court judges.

Editor's Note: Unelected federal judges are hijacking President Trump's agenda and insulting the will of the people

Help us expose out-of-control judges dead set on halting President Trump's mandate for change. Join RedState VIP and use promo code FIGHT to get 60% off your membership.