Lawsuit in Defense of TPS: Venezuelans Fight Against Its Elimination

This federal lawsuit announced on Thursday, February 19, seeks to reverse the termination of TPS for Venezuelans. Photo: CourtesyThe ly.

National TPS Alliance, in collaboration with the National Day Laborer Organizing Network, has filed a lawsuit in a San Francisco court to protect Temporary Protected Status (TPS) for Venezuela. This program currently safeguards more than 600,000 Venezuelans, who now face the risk of losing their immigration status following the Trump administration’s decision to eliminate it permanent

Who Is Responsible for Ending TPS?

The lawsuit, announced on Thursday, February 19, names the following defendants:

• Kristi Noem, Secretary of the Department of Homeland Security (DHS)

• The Department of Homeland Security (DHS)

• The Government of the United States

On February 3, the Trump administration, through Kristi Noem, announced the termination of TPS for Venezuelans, a decision that puts hundreds of thousands at risk of persecution, detention, imprisonment, and deportation.

Arguments in the Lawsuit

The legal action, filed in the U.S. District Court for the Northern District of California, was brought by the National TPS Alliance, along with individual TPS beneficiaries. The plaintiffs argue that the decision is illegal for the following reasons:

🔹 The DHS does not have the authority to overturn a previously granted extension.On January 10, 2024, then-DHS Secretary Alejandro Mayorkas extended TPS for Venezuela for 18 months. The plaintiffs argue that the revocation of this extension is arbitrary, capricious, and unlawful.

🔹 The decision is based on a legal error.The TPS termination is justified by the false assumption that beneficiaries are in the U.S. illegally, contradicting the legal status granted by the program.

🔹 Discrimination against Venezuelans.The lawsuit alleges ethnic and racial discrimination, citing derogatory comments made by Secretary Kristi Noem against Venezuelan TPS holders.

Impact of TPS Termination

If the termination of TPS for Venezuela moves forward:

USCIS will not accept TPS re-registration applications (Form I-821). Work permits linked to TPS (Form I-765) will not be renewed. USCIS will issue fee refunds to individuals who submitted re-registration requests.

This lawsuit seeks to halt a decision that endangers the stability of thousands of Venezuelan families in the United States, who have been able to work and contribute to the country legally under TPS.

The lawsuit was filed by the National TPS Alliance together with individual Venezuelan TPS beneficiaries, before the Northern District Court of California.