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Venezuelans living in the United States have filed a lawsuit against the Trump administration for its decision to end Temporary Protected Status (TPS) for hundreds of thousands of immigrants from Venezuela. The lawsuit, filed on Wednesday in a federal court in San Francisco, argues that the decision puts many Venezuelans at risk of deportation and job loss.
The lawsuit was brought forward by the National TPS Alliance, an organization that supports immigrants with temporary protected status, along with seven Venezuelans currently living in the U.S.
What the Lawsuit Challenges
The legal action specifically challenges a decision made by the U.S. Department of Homeland Security (DHS) on February 3. This decision effectively ends TPS protections for around 348,000 Venezuelans, which makes up more than half of all Venezuelans currently benefiting from the program.
The removal of TPS means that by April, these Venezuelans may face deportation and lose their work permits. Additionally, the remaining 600,000 Venezuelans in the program could lose their legal status and associated benefits by September.
Understanding Temporary Protected Status (TPS)
TPS is a program that allows people from certain countries to remain in the U.S. if their home country is facing a severe crisis. This could include natural disasters, war, or other dangerous situations that make it unsafe for them to return.
The Trump administration’s decision to end TPS for Venezuelans is part of a broader effort by the former president to tighten immigration policies. Trump and his administration have argued that some humanitarian programs, including TPS, have been misused and go beyond what U.S. laws were meant to allow. DHS has not yet responded to requests for comment on the lawsuit.
Biden’s Role in Granting TPS to Venezuelans
The TPS program for Venezuelans was first introduced by the Biden administration in 2021. At the time, President Joe Biden extended protections due to the extreme political and economic instability in Venezuela under President Nicolás Maduro. Biden’s administration cited high crime rates and other dangers in Venezuela as the reason for granting TPS.
However, the new lawsuit argues that Homeland Security Secretary Kristi Noem and her department did not have the legal authority to cancel Biden’s earlier decision. Just weeks before the TPS termination, Biden had announced an 18-month extension of the protections for Venezuelans.
Claims of Unfair and Illegal Actions
The lawsuit also claims that even if Homeland Security did have the legal power to end TPS protections, the process was done unfairly. The plaintiffs argue that the department ignored normal procedures, wrongly assumed that Venezuelans with TPS were in the U.S. illegally, and made decisions that were inconsistent with past practices.
Additionally, the lawsuit references statements made by Noem, Trump, and other officials that falsely suggested Venezuelans under TPS were undocumented immigrants.
Accusations of Discrimination
One of the most serious allegations in the lawsuit is that Noem’s decision was influenced by unconstitutional racial bias. The lawsuit highlights an interview in which Noem spoke on Fox News, referring to Venezuelans who had TPS as “dirtbags.” According to the plaintiffs, such remarks indicate discrimination and prejudice against Venezuelan immigrants.
The lawsuit argues that this kind of language and reasoning should not play a role in making legal decisions about immigration policies. The plaintiffs hope the court will overturn the decision to end TPS and restore protections for Venezuelans who rely on the program to stay and work legally in the United States.
With the lawsuit now filed, it will be up to the court to decide whether the Trump administration’s move to end TPS was legal. If the court rules in favor of the Venezuelan plaintiffs, the decision could be reversed, allowing TPS protections to continue. However, if the court upholds the termination, thousands of Venezuelans could be at risk of losing their legal status in the coming months.
