The US District Court for the Northern District of California on Monday granted plaintiffs’ motion to postpone Department of Homeland Security (DHS) Secretary Kristi Noem’s attempted removal of Temporary Protected Status (TPS) from Venezuelan immigrants.

Earlier this month, the DHS sought to reduce TPS as a way to limit migration pathways to the US on the grounds of national security. Judge Edward Chen found that this removal would irreparably disrupt families and the livelihood of individuals, cost the nation billions, and injure public health and safety of many communities.

The plaintiffs in this case are seven individuals from Venezuela who hold TPS, and the National Temporary Protected Status Alliance (NTPSA) — an organization that represents and protects TPS holders in the US. Other South American countries that are currently granted TPS are El Salvador, Honduras, and Nicaragua. After reviewing arguments and facts from both the government and plaintiffs, Chen held the motives for this removal to be “unauthorized by law, arbitrary and capricious, and motivated by an unconstitutional animus.”

Chen found the US Travel Advisory designating Venezuela as a Level 4 “Do Not Travel” country to be of particular significance and concluded that it would be dangerous for plaintiffs to return to the country upon sunset of TPS. The court then turned to evidence suggesting that Venezuelans have higher educational attainment than US citizens, greater labor participation rates, lower criminality than US citizens, earn nearly all of their personal income, and contribute to the US economy — all of which in Chen’s view demonstrated that Noem’s justification was based on “negative stereotypes casting class-wide aspersions” on the character of Venezuelans.

Noem seeks to remove TPS for Venezuelans by vacating the 2023 designation, which granted time extensions for maintaining this status. TPS is granted to those who are determined unable to return to their country safely, preventing their removal from the US and allowing them to obtain employment authorization. TPS may be given to a country if the country is undergoing armed conflict, encountering a natural disaster, or experiencing extraordinary temporary conditions.

Noem has since appealed the case to the US Court of Appeals for the Ninth Circuit and filed an emergency motion to stay Chen’s order. Noem has requested a decision on the motion by Friday or the government will seek a stay from the Ninth Circuit.