A group of Venezuelan nationals are suing the Trump administration’s Secretary of Homeland Security (DHS), Kristi Noem, claiming the decision to end Temporary Protected Status (TPS) for approximately 600,000 Venezuelans in the United States was illegally motivated by race. The lawsuit, filed in federal court in San Francisco, is being brought by the ACLU Foundation of Northern California, the Center for Immigration Law and Policy at UCLA School of Law, California, the ACLU Foundation of Southern California, and the National Day Laborer Organizing Network on behalf of the Venezuelan TPS designees.
TPS offers protection from deportation and work permits for individuals from countries deemed unsafe to return to, including Venezuela. The former Biden government, under DHS Secretary Alejandro Mayorkas, had extended TPS for Venezuela, along with El Salvador, Sudan, and Ukraine, for an additional 18 months towards the end of President Joe Biden’s term.
According to the lawsuit, around 350,000 Venezuelan TPS designees may lose their protected status and work authorization in April, with another 257,000 being impacted in September. The lawsuit criticizes Secretary Noem for comments made during the decision announcement, alleging they express racial animus, violating the Fifth Amendment.
“The Secretary’s decisions also were motivated at least in part by racial animus, in contravention of the Fifth Amendment,” the lawsuit claims, continuing: “That is clear from statements the Secretary made when announcing the decisions themselves, labeling Venezuelan TPS holders as ‘dirtbags’—an expression of racism made by the official decisionmaker as part of her explanation for the decision.”
The Venezuelans and their legal representatives are asking the court to intervene and order the Trump administration to reverse its decision to revoke TPS status and restore the Biden government’s extension. The National Pulse reported on Thursday that Sec. Noem is also moving to end the TPS designation for Haitian nationals.