The Trump administration‘s decision to end Temporary Protected Status (TPS) for Venezuelans is facing a legal challenge, as the National TPS Alliance along with Venezuelan plaintiffs have filed a lawsuit in a California federal court on behalf of 600,000 Venezuelans at risk of deportation.
The lawsuit, filed Wednesday in San Francisco, seeks to restore an 18-month extension granted by the Biden administration in January, which had protected Venezuelans from deportation until October 2026.
Under the Trump administration‘s new policy, half of those affected could face removal as soon as April 2.
“I feel hopeful,” said Daniela Basanini, a South Florida resident and TPS recipient. She called the lawsuit a “ray of hope” for Venezuelans living in the U.S.
Legal challenge alleges racial bias in decision
The legal action names Homeland Security Secretary Kristi Noem as the defendant, alleging that her refusal to extend TPS for Venezuelans who applied in 2023 leaves more than 300,000 in legal limbo.
The lawsuit further claims that Noem’s decision was influenced by racial bias, citing remarks made when announcing the policy change.
“The secretary’s decision also was motivated at least in part by racial animus, in contravention of the Fifth Amendment,” the lawsuit states.
Another excerpt highlights statements from Noem allegedly labeling Venezuelan TPS holders as “dirtbags,” which the lawsuit argues is evidence of discriminatory intent.
Basanini, who works as a legal assistant and is studying to become a lawyer, applied for TPS in 2021 and remains protected from deportation until September.
“Even though I’m not affected by the termination of the April TPS, we’re all in this together,” she said.
Republican lawmakers split on policy change
The TPS termination has caused divisions among Republican lawmakers.
In a letter to Noem, Rep. Mario Díaz-Balart urged her to ensure that Venezuelans without criminal records are not forcibly returned to what he described as a “repressive dictatorship” in Venezuela.
Additionally, four Florida congressmen have introduced the Venezuelan Adjustment Act, a bipartisan bill modeled after the Cuban Adjustment Act, which would provide a path to permanent residency for Venezuelans in the U.S.
For now, 600,000 Venezuelans await legal and legislative developments, hoping for relief from deportation.
