A group of Venezuelan TPS holders is suing the Trump administration for attempting to rescind an 18-month extension of TPS. The lawsuit claims this move is illegal and racially motivated, jeopardizing the legal status of over 600,000 Venezuelans. Legal experts argue that the administration’s actions violate established laws and humanitarian principles underlying TPS.
In San Francisco, a group of Venezuelans with Temporary Protected Status (TPS) has filed a lawsuit against the Trump administration. They allege that Secretary of Homeland Security Kristi Noem has unlawfully rescinded an 18-month TPS extension for Venezuelans, which was previously granted by the Biden administration in January. This decision threatens the legal status of 350,000 Venezuelans set to lose TPS on April 7, with an additional 250,000 potentially affected by September 2025.
Jose Palma, co-coordinator of the National TPS Alliance, emphasized the importance of TPS holders as integral community members. He rejected what he termed the Trump administration’s racist portrayal of Venezuelan TPS holders, stressing that they are legally present in the U.S. due to prevailing unsafe conditions in Venezuela. The abrupt termination of their status is viewed as harmful to both TPS holders and their communities.
Freddy Arape, an IT support specialist and plaintiff, expressed shock over the revocation of his TPS, stating his life is now in turmoil. He highlighted that TPS was designed specifically for individuals facing insecurity in their home countries, making the removal of protections contradictory to its purpose.
This lawsuit challenges the unusual and early termination of TPS, arguing that no previous administration has rescinded an extension before the statutory 18-month period. It asserts that this action violates the Administrative Procedure Act, which requires proper process and review before such decisions.
Furthermore, the lawsuit posits that the termination is racially motivated, breaching the Constitutional guarantee of equal protection. Both Secretary Noem and President Trump have been accused of employing racist narratives targeting Venezuelans during the decision-making process.
Legal representatives for the plaintiffs include the National Day Laborer Organizing Network, the ACLU Foundations of Northern California and Southern California, and the Center for Immigration Law and Policy at UCLA. They argue that Noem lacked the legal authority to reverse the Biden administration’s decision and that the rationale for her decision is fundamentally flawed.
Emi MacLean from the ACLU highlighted that the humanitarian crisis in Venezuela is precisely what TPS aims to address. The revocation of TPS, she argues, stems from unconstitutional motives that cannot be justified. Ahilan Arulanantham from CILP reaffirmed that Congress established TPS to uphold consistent humanitarian protection for individuals in crisis, contrasting sharply with the current administration’s approach.
The lawsuit against the Trump administration by Venezuelan TPS holders raises significant issues surrounding the legality and motivations behind the recent revocation of TPS extensions. The plaintiffs contend that this action not only endangers their legal status but also contradicts the humanitarian intent of TPS. The outcome could have far-reaching implications for 600,000 Venezuelans currently residing legally in the U.S. amidst a profound crisis in their home country.
Original Source: www.aclunc.org
