Venezuelan TPS Holders Take Legal Action As They Seek To Avoid Imminent Deportations

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Lawyers representing Venezuelan Temporary Protected Status (TPS) holders are asking a federal judge in San Francisco to delay decisions by Homeland Security Secretary Kristi Noem that would end such protections for hundreds of thousands of nationals in the United States.

If upheld, the revocation would put an estimated 350,000 Venezuelans at risk of deportation as early as April, with hundreds of thousands more affected later this year.

The plaintiffs, including the National TPS Alliance and a group of Venezuelan TPS recipients, argue that the February decision to end an extension violates administrative procedures and reflects racial bias, as The New York Times reports. Together they have filed an emergency request to temporarily halt the decision, citing potential irreparable harm to families and workers reliant on TPS for legal status and employment authorization.

"The objective is to reinstate the extension granted by President Biden until October 2026 for TPS holders from 2021 and 2023, and to reverse the elimination of TPS for those registered in 2023," Adelys Ferro, director of the Venezuelan American Caucus, told Venezuelan news outlet El Pitazo on Sunday.

The hearing, scheduled for March 24 before Senior District Judge Edward M. Chen, will be the only in-person session for plaintiffs to provide testimony. While a ruling is unlikely on the same day, Ferro emphasized that a decision is expected before April 2, when work permits for 2023 TPS holders are set to expire. "The judge will decide on an emergency basis, and the outcome will determine the validity of those permits," she noted.

Federal officials maintain that the termination of TPS falls within Secretary Noem's legal authority and is aimed at protecting national interests, citing concerns over Venezuelan gang activity, specifically referencing the "Tren de Aragua" gang. Plaintiffs counter that Noem's public remarks, in which she likened some Venezuelans to gang members and "dirtbags," signal discriminatory intent.

The Trump administration recently terminated another immigration program, known as CHNV, which allowed vetted migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. with work authorization. These actions are part of broader efforts by the administration to roll back immigration protections, with officials arguing TPS has been used to allow indefinite stays.