Venezuelan Migrants Sue Trump Administration Over Deportation Shield Termination

Created: JANUARY 25, 2025

Hundreds of thousands of Venezuelans residing in the U.S. are challenging the Trump administration's decision to end their protection from deportation. A recently filed federal lawsuit alleges that the revocation of Temporary Protected Status (TPS) for over 600,000 Venezuelans is unlawful and racially motivated.

The lawsuit specifically names Homeland Security Secretary Kristi Noem, the Department of Homeland Security, and the U.S. government as defendants. It contends that the termination of TPS will strip these individuals of their right to live and work in the country. TPS, designed to safeguard nationals from countries considered unsafe for return, provides work permits and protection from deportation.

President Donald Trump and then South Dakota Governor Kristi Noem

The lawsuit claims that the revocation will leave at least 350,000 Venezuelan TPS holders without legal status by April 7th and without work authorization even sooner, by April 2nd. An additional 257,000 individuals are expected to be impacted by September. This comes after a surge of Venezuelan migrants during the 2021-2024 border crisis, many of whom entered through a now-defunct parole program for specific nationalities.

The plaintiffs argue that Secretary Noem’s comments when announcing the decision reveal racial bias, pointing to her use of the term “dirtbags” to describe a criminal illegal alien apprehended by ICE. The lawsuit alleges that this language, coupled with other statements by Trump administration officials, demonstrates a pattern of discriminatory rhetoric targeting non-white immigrants.

DHS Secretary Kristi Noem

Furthermore, the lawsuit contests Noem's purported connection between TPS holders and the Venezuelan criminal gang Tren de Aragua (TdA), asserting that the gang's threat is exaggerated. It also challenges Noem's claim that Venezuela emptied its mental health facilities, sending patients to the United States, labeling it a "baseless assertion." Finally, the plaintiffs question Noem's legal authority to revoke the TPS order.

The plaintiffs, represented by several legal organizations, including the ACLU, seek to overturn Noem's actions and reinstate the TPS extension. They represent eight Venezuelan TPS holders, including university students, a factory worker, and an instructional coach, highlighting the human impact of the policy change.

Migrants in Eagle Pass, Texas

The lawsuit also accuses the Trump administration of embracing racist rhetoric, specifically citing White House Deputy Chief of Staff Stephen Miller and Secretary of State Marco Rubio. It alleges a concerted effort to terminate TPS, disregarding legal standards and promoting a discriminatory agenda.

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