(CN) - In a tentative win for a small group of Venezuelan migrants, a federal judge indicated on Thursday that about 5,000 may still be shielded from losing their protected status.

"In all likelihood, I think it's clear there's some group protected," said U.S. District Judge Edward Chen, a Barack Obama appointee.

The Supreme Court ruled on May 19 to strip protected status from nearly 350,000 Venezuelan migrants living in the U.S., boosting President Donald Trump's mass deportation plan. 

The government asserted that revoking protected status also invalidated employment authorization documents, H-1B visas and other proof of legal entry into the country. However, the migrants argued that the language within the final paragraph of the high court's order left the door open for a number of migrants to remain unaffected. 

The Supreme Court noted that its ruling was issued "without prejudice to any challenge to Secretary Noem's February 3, 2025 vacatur notice insofar as it purports to invalidate EADs, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026 expiration dates."

"I think that Supreme Court meant to say something with this, and it does seem to me that it leaves the door of potential protection, notwithstanding the stay," Chen said. 

The government estimated it impacted around 5,000 people but disagreed that the order left anything open to interpretation. Chen appeared unconvinced.

"As often is the case, we have to deal with the deck that is dealt to us, and I have to make the best interpretations I can," Chen said. "I do think that at least the singular message is fairly clear that there's a certain group of folks who receive documents that were authorized under the prior extension."

Temporary Protected Status is a designation applied to nationals of certain countries where violence or economic duress makes deportation difficult or unsafe. Venezuelans make up the largest number of such status holders in the nation. 

Former President Joe Biden issued an 18-month extension of TPS for Venezuelans before leaving office - an extension that Homeland Security Secretary Kristi Noem revoked in February, prompting the lawsuit. 

Chen blocked Noem's axing of safeguards in March, finding that the decision was made based on negative stereotypes. The government quickly appealed the decision to the Ninth Circuit Court of Appeals, which declined to put the order on hold while the proceedings played out. The Trump administration then came to the Supreme Court, which issued its brief order granting the government the relief it sought. 

Back in U.S. District Court of Northern California, Chen considered how the pending appeal should impact the court's proceedings.

"My view with that is that notwithstanding everything that's happening and the fact that there's a pending appeal and a stay in place of my 705 order, nothing prevents, as I read it, this court from moving forward to a resolution on the merits," Chen said. 

As such, he considered the Venezuelan migrants' motion to hold the government in noncompliance with the court's discovery order. 

The plaintiffs accuse the government of producing only publicly available documents rather than communication records between decision makers in charge of making the decisions at issue in the case.

"It's inconceivable that the only communications were in-person communications of which there were no records," said Emilou MacLean, attorney with the American Civil Liberties Union representing the plaintiffs. 

In some cases, the plaintiffs said they received duplicate copies of Federal Register notices. 

In response, the government argued that it "hasn't been perfect" but is trying to meet the demand. 

"We're trying to provide all the answers to the questions as quickly as we can," said Anna Dichter, Justice Department attorney. "With the fast pace we're going at, it's impossible to do it and make it perfect."

Chen ordered the government to produce a privilege log by next Friday and indicated he would have a ruling regarding the protected status of certain migrants issued shortly.

Source: Courthouse News Service