Civil Rights Groups Challenge Legality of DHS Action, Citing Racial Bias and Legal Violations
SAN FRANCISCO — A group of Venezuelans with Temporary Protected Status (TPS) filed a lawsuit against the Trump administration this week, challenging its abrupt decision to strip hundreds of thousands of migrants of their legal immigration status. The lawsuit, led by the National TPS Alliance and eight Venezuelan TPS holders, argues that the administration’s actions violate federal law and constitutional protections.
At the center of the case is Department of Homeland Security (DHS) Secretary Kristi Noem’s reversal of an 18-month TPS extension that had been granted by the Biden administration in January 2025. The move means that 350,000 Venezuelans will lose TPS by April 7, 2025, and another 250,000 will be stripped of protections in September 2025—more than a year earlier than expected.
“TPS holders are mothers, fathers, workers, and contributing members of our community,” said Jose Palma, Co-Coordinator of the National TPS Alliance. “We reject the Trump administration’s racist and inaccurate portrayal of Venezuelan TPS holders. Illegally rescinding their lawful status is cruel and harmful for both TPS holders and our communities.”
TPS was established by Congress in 1990 to grant temporary legal status to migrants from countries experiencing armed conflict, natural disasters, or humanitarian crises. Venezuela remains in the midst of severe economic collapse, political turmoil, and human rights abuses, which is why the Biden administration extended TPS protections earlier this year.
“I am stunned to have TPS ripped out from under me, at a moment’s notice,” said Freddy Arape, an IT support specialist in Texas and one of the plaintiffs. “I trusted that the government would stand by its word when it extended TPS, and now my life is upended.”
The lawsuit, filed in federal court, challenges the Trump administration’s action on multiple legal grounds:
- Violation of the Administrative Procedure Act (APA): TPS extensions last for 18 months by law, and the administration cannot legally revoke them early without following a structured review process. No administration has ever attempted to terminate TPS before its designated expiration date—until now.
- Unconstitutional Racial Animus: The lawsuit argues that DHS Secretary Noem and President Trump’s decision was racially motivated, citing derogatory rhetoric used during the campaign and in official policy announcements. The complaint alleges that the administration’s targeting of Venezuelan migrants violates the Fifth Amendment’s Equal Protection Clause.
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern and Southern California, and the Center for Immigration Law and Policy (CILP) at UCLA School of Law.
“Secretary Noem had no authority to ‘undo’ the Biden administration’s lawful extension of humanitarian protection to Venezuelan migrants,” said Jessica Bansal, an attorney with NDLON. “Her explanation for her decision is irrational and riddled with legal errors. The Administrative Procedure Act requires reasoned decision-making—which this is not.”
“Venezuela is in crisis. Even Trump admits that,” said Emi MacLean, an attorney with the ACLU of Northern California. “Revoking TPS for Venezuelans is the product of racist motivations prohibited under the Constitution; it cannot stand.”
Ahilan Arulanantham, Faculty Co-Director of CILP, underscored the broader implications of the case: “Congress enacted the TPS statute to ensure the United States would follow consistent and predictable humanitarian protection policies. The Trump administration’s attempt to strip 600,000 Venezuelans of the status the government promised them just weeks ago is the opposite of what Congress intended.”
With TPS protections for Venezuelans set to expire in less than two months, hundreds of thousands of people now face the threat of deportation. The legal challenge seeks to block DHS from implementing the termination and to uphold the original 18-month extension.
As the case moves forward, civil rights groups warn that the administration’s actions set a dangerous precedent—not just for Venezuelan TPS holders, but for all migrants relying on humanitarian protections in the U.S.
The lawsuit represents the latest legal battle over the Trump administration’s immigration policies and could have far-reaching consequences for U.S. immigration law.
Read the full complaint here.
