Legal victory grants relief to 350,000 TPS holders across U.S.

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Alameda, CA (Prism)

A federal court in northern California ruled to postpone the Trump administration's cancellation of Temporary Protected Status for Venezuelans

A crucial court ruling on Temporary Protected Status (TPS) has brought a wave of relief to nearly 350,000 families in the U.S., ensuring that they will continue to have protection from deportation and the ability to work legally in the country. The decision follows a contentious legal battle that brought together community advocates, legal experts, and plaintiffs who fought to continue TPS, a humanitarian program benefiting individuals from countries ravaged by violence, disaster, or war.

In federal court in northern California, U.S. District Court Judge Ed Chen ruled in favor of a nationwide order postponing Secretary of Homeland Security Kristi Noem's cancellation of the 18-month TPS for Venezuelans that was issued in 2021 and 2023. The decision in National TPS Alliance v. Noem came down on March 31 and provides a reprieve to Venezuelans, who can now retain their legal status and work authorization until October 2026.

José Palma, coordinator for the National TPS Alliance, one of the groups that brought the case forward, expressed his gratitude to the many individuals and organizations that have fought tirelessly to protect TPS.

"Three hundred fifty thousand families will be able to sleep without worrying about losing their immigration status and being arrested and put in a deportation procedure," Palma said at a March 31 press conference. "Courage and sacrifice are paying off."

Francis Garcia, a TPS recipient and leader within the National TPS Alliance, was emotional following the ruling.

"I am shaking when I hear the news," Garcia, who is from Honduras, said during the press conference. "When we fight together, good things happen."

For now, the decision means that 350,000 Venezuelan TPS holders, who were on the verge of losing their status, can remain in the country and be protected from deportation while the litigation continues. The ruling also sets a precedent for the future of TPS, with hopes for lasting protections for people from other countries facing similar struggles.

The case raised significant constitutional issues as the plaintiffs' arguments were grounded in both the Administrative Procedure Act (APA) and the Fifth Amendment.

"The government violated the APA because the Secretary's decision to vacate the extension of the 2023 Designation was arbitrary and capricious," Chen wrote in the ruling. "Most fundamentally, the Secretary did not have inherent authority to reconsider the prior Secretary's extension."

The plaintiffs in the case argued that Noem's decision to end TPS for Venezuelans violated both the statute's requirements and constitutional protections against racial discrimination.

One of the most striking aspects of the case was the role of racial animus in the government's justification for terminating TPS. Ahilan Arulanantham, co-counsel for the plaintiffs, said that both Noem and President Donald Trump made racist statements about ending TPS. In an X post in March, for instance, Noem posted a video about deportations, writing, "Getting these dirtbags off our streets and out of our country."

Arulanantham, who is also a faculty co-director at the UCLA School of Law's Center for Immigration Law and Policy, said at the press conference, "The categorization of an entire group of people as "dirtbags' by a secretary to explain and justify a decision to take away people's rights and protections is a textbook example of a racist statement that the Constitution expressly prohibits."

The court cited the government's efforts to discredit Venezuelan TPS holders through inflammatory language as a clear violation of constitutional rights. Arulanantham noted that the court's decision builds on precedents from earlier cases, such as Ramos v. Nielsen in 2018, where a similar pattern of racial animus was found in government decisions.

The TPS program was established 35 years ago to protect people from nations suffering extreme hardships, such as civil wars and natural disasters. Central American countries, particularly El Salvador, Guatemala, and Nicaragua, were the first to benefit from this program after waves of refugees fled violence in their homelands. Over the years, people from countries such as Haiti, Venezuela, and Afghanistan have also found shelter under TPS.

Pablo Alvarado, co-executive director of the National Day Laborer Organizing Network, recounted TPS holders' long history of advocacy and struggle.

"TPS was born out of the efforts of humble Central Americans went to Washington, D.C., to tell their stories and lobbied lawmakers to acknowledge their refugee status during the civil wars of the 1980s," Alvarado said. He emphasized the ongoing struggle to protect the program, particularly during the previous Trump administration, when efforts to terminate TPS were launched.

"This fight is not just for those of us who are currently protected under TPS, but for future generations who come from countries that go through similar circumstances," Alvarado said. "We are committed to ensuring that this protection endures."

The case, which initially focused on protecting Venezuelan TPS holders, was later expanded to include Haitians and other communities.

"It's a big victory, not only for the 600,000 Venezuelans, but for the whole TPS community," Cecilia Gonzalez, a plaintiff in the case, said during the press conference. "This is our chance to continue building our lives, work, contribute to our communities, and be part of this country we now call home."

Erik Crew, an attorney with the Haitian Bridge Alliance, spoke on behalf of Haitian beneficiaries of TPS.

"This ruling is a signal that the courts are committed to upholding the rule of law, especially when it comes to protecting vulnerable communities," Crew said. "The same reasoning that applies to Venezuelans also applies to Haitians, and we will continue the fight to protect them."

The legal team behind the victory, which includes the National TPS Alliance, the American Civil Liberties Union of Northern California, and the Center for Immigration Law and Policy at UCLA, celebrated the ruling as a significant step in defending the rights of TPS holders across the country.

"Judge Chen affirmed that Secretary Noem's attempt to terminate TPS protections was unlawful," said Emi McLean, a senior staff attorney with the ACLU of Northern California. "This decision ensures that TPS holders, including those from Venezuela, will remain protected from deportation and continue to work legally in the United States."

Another significant aspect of the court's ruling was its rejection of the government's claims that Venezuelan TPS holders were linked to criminal activity. The government had argued that these individuals were affiliated with gangs or had been released from prisons and mental health institutions in Venezuela. However, the court found no evidence to support these claims, and McLean emphasized that "there is no evidence that Venezuelan TPS holders are members of the Tren de Aragua gang or involved in crimes."

The court went a step further, ruling that the generalizations of criminality about the entire Venezuelan TPS population were baseless and rooted in racist stereotypes. "The Secretary's rationale is entirely lacking in evidentiary support," Chen wrote. In a powerful comparison, he even invoked the 1944 Korematsu v. United States decision, drawing a parallel between the unjust treatment of Venezuelan TPS holders and the internment of Japanese Americans during World War II. Chen wrote that the allegations against Venezuelan TPS holders smacked of racism, much like the baseless assumptions used to justify mass incarceration during WWII.

While the ruling has brought temporary relief to Venezuelan TPS holders, questions remain about the future of the program beyond October 2026. The TPS designation for Venezuela is currently set to expire at that time, but both the plaintiffs and their legal teams are advocating for a continued extension, citing the ongoing crisis in Venezuela as justification.

"The statute requires TPS to be extended as long as country conditions warrant, and it remains to be seen whether this administration can lawfully terminate it at this point," McLean said. "We'll continue to fight for these protections as long as the conditions in Venezuela remain dire."

The legal battle is far from over, but advocates for the Venezuelan TPS holders have expressed cautious optimism.

"This case is just the beginning of what could be a very long road ahead to protect our families," Arulanantham said. "What our families need is the opportunity to live permanently in the United States."

This story is provided as a service of the Institute for Nonprofit News’ On the Ground news wire. The Institute for Nonprofit News (INN) is a network of more than 475 independent, nonprofit newsrooms serving communities throughout the US, Canada, and globally. On the Ground is a service of INN, which aggregates the best of its members’ elections and political content, and provides it free for republication. Read more about INN here: https://inn.org/.

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