Venezuelan immigrants in the United States are taking legal action against the Trump administration following its decision to terminate Temporary Protected Status (TPS) for approximately 350,000 individuals by April 7. This lawsuit, filed in the U.S. District Court for the Northern District of California by the National TPS Alliance alongside seven Venezuelan plaintiffs, challenges the administration’s move to rescind an 18-month extension of TPS that had been granted by the Biden administration just before President Biden left office.
TPS is a humanitarian program that allows individuals from designated countries to live and work in the U.S. when unsafe conditions prevent their safe return home. The loss of this status poses a significant risk of deportation for many Venezuelans, who have been protected under TPS due to the ongoing crisis in their homeland.
The lawsuit contends that the revocation of TPS is unprecedented, as no administration has previously ended such protections prematurely since the program’s inception in 1990. The plaintiffs argue that the Trump administration’s actions violate federal law, specifically the Administrative Procedure Act, which mandates a review period before any termination of TPS can occur.
Additionally, the lawsuit claims that the decision to end TPS for Venezuelans was influenced by racial bias. Jessica Bansal, an attorney for the plaintiffs, pointed to comments made by Homeland Security Secretary Kristi Noem on Fox News, where she described Venezuelans in derogatory terms, suggesting that the administration’s rhetoric reflects a broader narrative that portrays immigrants as threats.
As the situation unfolds, another 250,000 Venezuelans are expected to lose their TPS protections in September, exacerbating the fears of those who rely on this status for legal residency and employment. Hendrina Vivas Castillo, one of the named plaintiffs, expressed her anxiety over the impending loss of her protections, stating, “What am I going to do here? I’m hoping this lawsuit can help us Venezuelans.”
The legal representation for the plaintiffs includes the ACLU Foundations of Northern and Southern California and the Center for Immigration Law and Policy at UCLA. They argue that the administration’s termination of TPS is not only a legal misstep but also a moral failure, as many Venezuelans have undergone rigorous vetting processes to qualify for the program.
The Trump administration’s recent actions mark a stark reversal from policies established under Biden, who expanded TPS to include more countries, including Venezuela, in response to humanitarian crises. The administration’s decision to terminate TPS has drawn criticism from various quarters, including some Republican lawmakers who have urged the administration to reconsider its stance, particularly for Venezuelans without criminal records.
In a notice published in the Federal Register, Secretary Noem justified the termination by citing improvements in Venezuela’s economy and public safety, despite widespread reports of ongoing violence and instability. This rationale has raised concerns among advocates who argue that it disregards the realities facing Venezuelans.
As this legal battle unfolds, it highlights the ongoing tensions surrounding immigration policy in the U.S. and the precarious situation faced by many immigrants who rely on temporary protections to build their lives in a new country.