Venezuelan immigrants sue Trump administration over abrupt TPS withdrawal

San Francisco, California - Temporary Protected Status (TPS) holders from Venezuela are taking legal action against the Trump administration's decision to withdraw lawful immigration status from hundreds of thousands of people.

Homeland Security Secretary Kristi Noem is accused of illegally revoking Temporary Protected Status for Venezuela in a new lawsuit.
Homeland Security Secretary Kristi Noem is accused of illegally revoking Temporary Protected Status for Venezuela in a new lawsuit.  © HANDOUT / Getty Images North America / Getty Images via AFP

The lawsuit – brought Thursday by the National TPS Alliance and eight Venezuelan immigrants – accuses Homeland Security Secretary Kristi Noem of illegally revoking an 18-month extension of TPS protections granted last month by the outgoing Biden administration.

TPS is a temporary legal status for nationals of designated countries already residing in the US when conditions like political turmoil, armed conflicts, and natural disasters prevent their safe return.

Donald Trump sought to end the program during his first term, but TPS holders successfully fought back in court.

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The second administration now stands accused of violating the Administrative Procedure Act, which does not permit early terminations, and failing to follow the necessary rules in ordering the termination of TPS for Venezuelans. The suit also argues that the withdrawal is motivated by racial animus, in violation of the US Constitution.

"Secretary Noem had no authority to 'undo' the Biden Administration’s lawful extension of humanitarian protection to Venezuelan migrants. And her explanation for her decision is irrational and riddled with legal error," Jessica Bansal, an attorney with the National Day Laborer Organizing Network who is representing the plaintiffs, said in a press release.

"The Administrative Procedure Act requires reasoned decision-making, which this is not," Bansal added.

TPS holders reject Trump administration's sudden move

Venezuelan immigrants in Miami, Florida, celebrate the Biden administration's extension of Temporary Protected Status for nationals of the country.
Venezuelan immigrants in Miami, Florida, celebrate the Biden administration's extension of Temporary Protected Status for nationals of the country.  © Eva Marie UZCATEGUI / AFP

The Department of Homeland Security's TPS withdrawal is expected to strip legal status and work permits from 350,000 Venezuelan people on April 7 and another 250,000 come September.

"I am stunned to have TPS ripped out from under me, at a moment's notice. I trusted that the government would stand by its word when it extended TPS, and now my life is upended," said plaintiff Freddy Arape, an IT support specialist in Texas.

"It doesn’t make sense – TPS exists exactly for the situation that Venezuelans face right now: we cannot return safely to Venezuela, a country in crisis."

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Immigrants' rights advocates say the Trump administration's move – part of a wider agenda of mass detentions and deportations – puts hundreds of thousands of lives at risk.

"TPS holders are mothers, fathers, workers and contributing members of our community. We reject the Trump administration’s racist and inaccurate portrayal of Venezuelan TPS holders," said Jose Palma, co-coordinator of the National TPS Alliance.

"Venezuelan TPS holders, like all TPS holders, are lawfully present here pursuant to protection granted because it is not safe for them to return to their country right now," Palma continued. "Illegally rescinding their lawful status is cruel and harmful for both TPS holders and our communities."

Cover photo: Eva Marie UZCATEGUI / AFP

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