Overview
Two major lawsuits have been filed against the Trump administration’s decision to end Temporary Protected Status (TPS) for Venezuela. These lawsuits, brought by advocacy groups and Venezuelan nationals, challenge the legality of Homeland Security Secretary Kristi Noem’s decision to cancel the protections that allow Venezuela to stay in the US.
What is TPS and Why Does It Matter?
Temporary Protected Status (TPS) is a U.S. immigration program that allows individuals from countries experiencing war, natural disasters or other extraordinary conditions to stay and work in the US.
- Who qualifies? Individuals from designated countries where it’s not safe to return.
- Why is it important? TPS protects from deportation and work authorization, so recipients can contribute to the US economy and build a life.
- How many Venezuelans have TPS? Over 600,000 Venezuelans have TPS, many of whom have built their lives in the US.
First granted to Venezuela in 2021 under the Biden administration, TPS has been a lifesaver for thousands fleeing economic and political crisis under President Nicolas Maduro’s regime.
Recent News
Venezuela TPS Termination: Trump Administration’s Decision
On January 29, 2025, the Department of Homeland Security’s Homeland Security Secretary Kristi Noem announced the termination of the 18-month extension of TPS for Venezuela, which was granted by former Secretary Alejandro Mayorkas on January 17, 2025. This affects approximately 600,000 Venezuela nationals, leaving them exposed to deportation and loss of work authorization.
The Lawsuits
Details of the Lawsuit
The lawsuit, filed in San Francisco on February 19, 2025, seeks to reinstate the 18-month TPS extension granted by the Biden administration in January 2024. That extension was supposed to protect Venezuela nationals from deportation until October 2026. But the Trump administration’s new policy now puts half of those affected at risk of removal by April 2, 2025.
Lawsuits Filed
- National TPS Alliance Lawsuit (Filed in San Francisco, CA – February 19, 2025):
- Filed by National TPS Alliance and seven Venezuela nationals. * Says Secretary Kristi Noem didn’t have legal authority to cancel an 18-month TPS extension granted by the Biden administration.
- Claims DHS misclassified Venezuelans under TPS as illegal immigrants.
- CASA & Make the Road New York Lawsuit (Filed in Greenbelt, MD – February 20, 2025):
- Filed by CASA and Make the Road New York, immigrant rights organizations.
- Alleges DHS’s decision to end TPS was arbitrary, violating established process.
- Challenges Noem’s reasoning to terminate protections.
Key Claims
- Lack of Legal Authority: Plaintiffs argue DHS exceeded its authority by revoking the TPS extension granted by former DHS Secretary Alejandro Mayorkas.
- Arbitrary Decision: Lawsuits claim DHS failed to follow procedure, making a decision without proper justification.
- Racial Bias: Plaintiffs cite Noem’s comments on Fox News calling Venezuela TPS holders “dirtbags” as evidence of racial discrimination.
Navigating these legal challenges requires expertise in U.S. immigration law, highlighting the importance of seeking guidance from experienced immigration attorneys.
Grounds for the Lawsuit
Equal Protection Clause
- The Fifth Amendment prohibits actions based on discriminatory intent. The lawsuit highlights remarks by federal officials dehumanizing non-European migrants, using terms like “dirtbags” and saying these countries are “emptying their jails” into the US.
Due Process
- The lawsuit argues the federal government abused its authority by disregarding procedural safeguards. The decision to end TPS has no rational basis and seems motivated by racial bias, not policy.
Failure to Follow Administrative Process
The Administrative Procedure Act requires federal agencies to follow procedure when changing policy. The plaintiffs say the decision to rescind temporary protective status has no rational basis and the government did not follow these rules, so the termination is illegal.
Impact of TPS Termination
- Deportation Threats: 348,000 Venezuelans could lose TPS by April 2025, 250,000 by September 2025. The termination of TPS protection puts nearly 600,000 Venezuelans at risk of deportation back to a country facing severe humanitarian crises.
- Loss of Work Authorization: TPS recipients rely on this status for work permits to support themselves and contribute to the economy.
- Humanitarian Concerns: Many Venezuelans fled economic collapse, political persecution and high crime rates in their home country.Consequences
If the courts side with the plaintiffs, this could mean:
- Reinstatement of TPS: The 18-month TPS extension for Venezuelans could be restored and beneficiaries can keep their status and work authorization.
- Precedent: A favorable ruling could set a precedent for future administrative TPS and similar immigration decisions.
Venezuelan Immigrants Speak
For many Venezuelans, TPS has been a lifeline.
Daniela Basanini, a South Florida resident and TPS recipient, hopes:
“This lawsuit is a glimmer of hope for Venezuelans living in the US.”
Basanini, a legal assistant and law student, applied for TPS in 2021 and is protected until September 2025. She knows she’s safe for now but thousands others are facing deportation.
“Even though I’m not affected by the April termination, we’re all in this together.”
Personal Impact: Stories from the Affected
E.B.’s Story: E.B., a single mom, insurance agent and CASA member in Georgia, explains why she’s fighting back:
“I’m suing because this decision affects not just me but my son, my elderly parents and the life we’ve built. My son with Williams syndrome depends on me entirely. Without TPS, I would lose my ability to work legally and put my entire family at risk.”
Advocates Speak
Harold Solis, Co-Legal Director of Make the Road New York, notes:
“This is not just about Venezuelans. The administration has made clear its intention to target all immigrant communities. We will fight to protect our members and all vulnerable populations.”
Joanne Lin, Executive Director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, adds:
“Without court intervention, 600,000 Venezuelans will lose their legal protection and be deported to a country in crisis.”
Personal Stories of Human Impact
One of the plaintiffs, Cecilia González Herrera, 25, of Kissimmee, FL, came to the US with her parents 8 years ago who were politically persecuted in Venezuela. As a Political Science and Latin American Studies student at the University of Central Florida, González Herrera is an active human rights advocate and worries about the anti-immigrant climate since the TPS termination.
Adelys Ferro, executive director of the Venezuelan American Caucus, notes the anxiety and uncertainty faced by the Venezuelan community after the revocation. Many TPS holders are hardworking and taxpaying individuals who now face the possibility of being deported to a repressive regime or living undocumented in the US.
Republican Lawmakers Split
The Trump administration’s decision to end TPS for Venezuelans has created a divide among Republican lawmakers. While some support the Trump administration’s decision, others oppose it, citing humanitarian and political reasons.
Opposition Within the GOP
- Rep. Mario Díaz-Balart (R-FL) sent a letter to Noem asking her to reconsider saying deporting Venezuelans to a “dictatorship” is inhumane.
- Florida lawmakers introduced the Venezuelan Adjustment Act, a bipartisan bill similar to the Cuban Adjustment Act, which would create a pathway to permanent residency for Venezuelans in the US.
The Bigger Picture: Immigration Crackdown
This lawsuit comes as part of the Trump administration’s series of immigration policy changes, including the recent termination of TPS for over 520,000 Haitian nationals. These changes have sparked debate and concern among immigrant communities and advocacy organizations.
This is part of a broader effort to roll back protections for immigrant communities and limit asylum opportunities.
Suspension of Immigration Applications for Humanitarian Parole Beneficiaries
In related news, the administration has paused the processing of immigration benefit applications for individuals who entered the US under specific humanitarian parole programs including:
- Uniting for Ukraine (U4U)
- Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)
- Family Reunification Parole (FRP) programs
This suspension, due to fraud and security concerns, affects thousands who were legally admitted and now cannot move forward in their immigration processes.
What’s Next for Venezuelans in the US?
As the case unfolds 600,000 Venezuelans are in limbo. They wait:
- Court decisions on the TPS termination.
- Legislation, especially the Venezuelan Adjustment Act.
- Policy changes due to political pressure and advocacy.
If the lawsuits succeed:
- The 18-month TPS extension may be reinstated, blocking deportations.
- Work authorizations will remain valid, allowing TPS holders to keep working.
- A legal precedent may be set, potentially impacting future TPS decisions for other countries.
Venezuela Today
The argument to keep TPS is based on Venezuela’s situation, which includes:
- Political instability – The country is under authoritarian rule.
- Economic collapse – Hyperinflation and poverty rates are at record highs.
- Human rights abuses – Reports of government crackdowns on dissent.
- Lack of basic necessities – Many Venezuelans can’t access food, medicine and healthcare.
Legal & Humanitarian Options for TPS Holders
Haitians under TPS should prepare for the expiration:
- Check Immigration Options: Some may qualify for asylum, family sponsorship or work-based visas. USCIS TPS Information
- Seek Legal Help: Immigration attorneys and non-profits can guide you. American Immigration Lawyers Association
- Monitor Legal Challenges: Lawsuits could delay or overturn the decision, buying more time for affected individuals.
For those affected, legal options may be available. TPS holders should explore alternative legal pathways, such as:
- Asylum Claims: If returning to Haiti is a serious threat, you may qualify for asylum.
- Family-Based Petitions: TPS holders with U.S. citizen family members may be eligible for sponsorship.
- Employment-Based Visas: Some may qualify for work-based visas depending on their skills and employer support.
- Special Humanitarian Programs: Other humanitarian relief options, such as Deferred Action (DACA) or U visas for crime victims, could be alternatives
What You Can Do?
Concerned about Venezuelans in the US? Here’s how you can help:
Take Action
Contact your reps – Ask them to support the Venezuelan Adjustment Act. Find your rep here.
- Support advocacy groups – Organizations like the National TPS Alliance are fighting for TPS holders. Donate or volunteer here.
- Stay informed – Follow credible news sources and updates on the lawsuit and policy changes.
Several immigrant rights orgs are already taking action:
- Lawsuits have been filed challenging the revocation of TPS for Venezuelans.
- Advocacy groups are urging Congress to provide permanent residency for long-term TPS holders.
- Community leaders are pushing for alternative solutions, including:
- Special humanitarian visas
- Extensions through executive action
- Legislative pathways for citizenship
Get Involved
- Stay informed: Follow updates from organizations like the National Immigration Forum and American Immigration Council.
- Contact lawmakers: Urge reps to support legislation protecting TPS holders.
- Legal assistance: If you or someone you know is affected, seek help from Immigration Advocates Network.
- Community support: Local immigrant aid groups may offer housing, food assistance and employment resources.
Calls to Action
Immigrant rights orgs are urging Congress to act fast to provide permanent protections for TPS holders. Proposals like the Dream and Promise Act, which would grant TPS recipients a pathway to citizenship, are gaining traction.
- Contact Your Reps: Urge your elected officials to support TPS protections. Find your rep here: www.house.gov/representatives/find-your-representative
- Attend Advocacy Events: Organizations like Make the Road New York and Haitian Bridge Alliance are hosting rallies and legal aid workshops.
- Donate & Volunteer: Support Haitian immigrant communities through organizations like Haitian-Americans United and UndocuBlack Network.
FAQs
The Trump admin’s decision to terminate Temporary Protected Status (TPS) for Venezuelans has sparked lawsuits, widespread concern and uncertainty for many immigrants. Below is a list of frequently asked questions (FAQs) about the lawsuits, legal challenges and next steps for affected individuals.
—I. General Questions About the TPS Termination for Venezuelans
1. What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted by the U.S. government to nationals of countries experiencing war, natural disasters or other extraordinary circumstances that prevent safe return.
2. Why was TPS granted to Venezuelans?
Venezuelans were granted TPS in 2021 under the Biden admin due to severe economic collapse, political repression and humanitarian crisis under Nicolás Maduro’s government. The designation was extended in 2023.
3. Why is TPS for Venezuelans being terminated now?
On February 3, 2025, Homeland Security Secretary Kristi Noem announced that TPS for Venezuelans would expire April 7, 2025 for those under the 2023 designation and September 10, 2025 for those under the 2021 designation.
- The admin claims conditions in Venezuela have improved and TPS holders can return.
- Opponents argue Venezuela is still unstable and the termination is political and racist.
II. Lawsuits Against the Trump Admin Over TPS Termination
4. What lawsuits have been filed against the TPS termination?
Several lawsuits challenging the termination:
- National TPS Alliance Lawsuit (Filed in San Francisco)
- Argues the termination is unlawful and racist.
- Claims the decision violates the 5th Amendment by targeting non-Europeans.
- CASA & Make the Road New York Lawsuit (Filed in Maryland)
- Argues the admin failed to consider ongoing humanitarian conditions in Venezuela.
- Claims the decision violates the Administrative Procedure Act (APA).
5. What are the main arguments in these lawsuits?
- Arbitrary and unjustified: No evidence of significant improvement in Venezuela’s conditions.
- Racial discrimination: TPS termination is part of a broader anti-immigrant policy against non-white individuals.
- Due process: TPS holders built their lives in the US and now face deportation without legal reason.
6. What if the lawsuits are successful?If the courts block the termination, TPS for Venezuelans could be reinstated or extended, allowing beneficiaries to stay and work legally in the US.
7. What if the lawsuits fail?
If the courts uphold the termination, Venezuelans with TPS will lose their status and face deportation.
III. Impact on TPS Holders and Their Families
8. How many Venezuelans are affected by this decision?
- 607,000 Venezuelans have TPS.
- 350,000 will lose status by April 2, 2025.
- 257,000 will be affected by September 10, 2025.
9. Can Venezuelan TPS holders be deported immediately?
Once TPS expires, if you have no other legal status, you may be subject to deportation proceedings.
10. What happens to TPS holders’ work permits?
Work permits tied to TPS will expire on the same dates as the TPS termination:
- April 7, 2025 (2023 TPS designation holders).
- September 10, 2025 (2021 TPS designation holders).
11. What should Venezuelan TPS holders do now?
- Check your TPS designation year (2021 vs. 2023).
- Consult an immigration lawyer.
- Gather legal documents to explore asylum or adjustment of status.
IV. Alternative Legal Options for Venezuelan TPS Holders
12. Can Venezuelan TPS holders apply for asylum?
Yes, if eligible. You must show a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group.
13. Can TPS holders apply for another visa?
Maybe. Options include:
- Family-Based Green Card: If you have a US citizen spouse or parent.
- Employment-Based Visas (EB-2, EB-3, H-1B): If an employer will sponsor you.
- Special Immigrant Juvenile Status (SIJS): For Venezuelan minors facing neglect or abandonment.
14. Can Venezuelan TPS holders apply for DACA?No. TPS and Deferred Action for Childhood Arrivals (DACA) are separate programs, and DACA is only available to individuals who entered the US before June 15, 2007.
V. Political and Social Impact of TPS Termination
15. How does this affect the US economy?
- TPS holders work in healthcare, education, construction, and agriculture.
- Businesses may struggle with workforce shortages if TPS holders lose employment authorization.
- 600,000 workers will lose tax contributions to local economies.
16. Has TPS been terminated for other countries before?
Yes, the Trump admin tried to end TPS for El Salvador, Haiti, Nicaragua and Sudan. But court challenges delayed those terminations.
17. Are there efforts to pass permanent protections for Venezuelans?
- Some lawmakers have proposed the Venezuelan Adjustment Act, which would give a pathway to residency.
- Advocacy groups are pushing for a legislative solution to protect TPS holders permanently.
VI. Next Steps for Venezuelan TPS Holders
18. What should Venezuelan TPS holders do now?
- Stay informed: Follow legal updates and advocacy groups.
- Seek legal advice: Consult a licensed immigration attorney.
- Gather documents: Work history, tax records, legal papers for potential relief options.
19. Where can affected Venezuelans get legal help?
Several organizations offer free or low-cost legal aid:
- National TPS Alliance (tpsalliance.org)
- American Immigration Lawyers Association (AILA) (aila.org)
- Make the Road New York (maketheroadny.org)
20. Will there be protests or advocacy efforts to fight TPS termination?
Yes. Multiple immigrant rights groups are organizing legal challenges, protests, and lobbying to keep protections.
VII. Conclusion
21. What should Venezuelan TPS holders do if they get a deportation notice?
- DO NOT ignore it—contact an immigration attorney immediately.
- File an appeal or apply for relief.
- Do not leave the country voluntarily without legal consultation.22. Can TPS be extended?
If lawsuits win or Congress acts, TPS could be reinstated or extended. But prep for alternative legal options is key.
Conclusion
The battle over TPS for Venezuelans will be a big immigration fight in 2025. As the case unfolds, it’ll have long term implications for not just Venezuelans but the entire TPS program in the US.
Stay updated on the latest developments:
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Learn More and Take Action
- Read the Full Lawsuit: Download Here
- Support CASA’s Efforts: Visit CASA
- Get Legal Assistance: Washington Lawyers’ Committee
- Join the Fight: Make the Road NY
- CASA
Resources for Venezuelan TPS Holders
For further reading on TPS legal battles and immigration policy:
📌 Legal Assistance:
- AILA (American Immigration Lawyers Association) – www.aila.org
- National TPS Alliance – www.tpsalliance.org
📌 Advocacy & Updates:
- Make the Road New York – www.maketheroadny.org
- CASA – www.wearecasa.org
⚠️ Stay informed, seek legal help, and take action before the deadlines
Stay up to date:
- U.S. Citizenship and Immigration Services
- American Immigration Council
