Lawsuit Targets Trump Administration Over TPS Termination

Lawsuit Targets Trump Administration Over TPS Termination

A lawsuit contests the Department of Homeland Security’s decision to end Temporary Protected Status (TPS) for Haitians and Venezuelans, a move seen as a violation of federal guidelines.

Key Takeaways

  • A civil rights advocacy group is suing the Trump administration to protect TPS for Haitians and Venezuelans.
  • The lawsuit argues DHS overstepped its authority under federal law.
  • TPS extensions were previously granted until 2026 under former President Joe Biden.
  • Advocates argue the rescindment is racially biased and unconstitutional, while the Trump administration argues that the TPS program has been abused and should not have been extended.

Legal Battle Over TPS Termination

Lawyers for Civil Rights, a Boston-based civil rights group, filed a lawsuit against the Trump administration over the termination of Temporary Protected Status (TPS) for Haitians and Venezuelans. The suit contends that the Department of Homeland Security (DHS), under Secretary Kristi Noem, exceeded its authority by revoking TPS extensions, which are intended to provide deportation safeguards to immigrants from nations suffering instability and danger.

The lawsuit challenges Noem’s authority to rescind already-granted TPS extensions, arguing this move lacks statutory support and unlawfully removes protections from the communities that depend on them. The plaintiffs include three immigrant advocacy organizations and four individuals, with the case potentially affecting hundreds of thousands of immigrants.

Details of the TPS Program

The TPS program allows immigrants from countries with political turmoil or natural disasters to live and work in the U.S. without fear of deportation. Its extension under President Joe Biden was set until 2026. Mirian Albert, Senior Attorney at Lawyers for Civil Rights, said that “TPS is a critical lifeline for immigrants who have fled extreme violence, political upheaval, and natural disasters in their home countries.”

TPS provides access to health insurance, employment opportunities, and stability. Advocates argue that rescinding TPS could endanger their welfare, leading to deportation and separation from established lives in the U.S. This sentiment echoes concerns from Haiti and Venezuela’s designated TPS status, dating back to 2010 and 2021 respectively, due to political violence and inadequate infrastructure.

Controversy Over DHS Actions

The Department of Homeland Security’s decision to terminate TPS for Haiti and Venezuela has been met with criticism, including allegations of racial bias. The lawsuit argues the DHS overstepped its statutory limits, violating federal law by dismantling critical protections without due administrative process. “The TPS statute does not authorize the Secretary to pull the rug out from under vulnerable TPS recipients and rescind an extension that has already been granted,” according to the complaint.

However, the DHS statement announcing the termination of the TPS statute for Haiti argued that the “TPS system has been exploited and abused” for many years. A spokesperson from the agency said that the Biden administration attempted to extend the use of TPS for longer than needed, adding, “President Trump and Secretary Noem are returning TPS to its original status: temporary.”

Sources

  1. Local Haitians, Venezuelans sue Trump administration over changes to temporary protected status
  2. Haitian and Venezuelan immigrants sue to save TPS protections
  3. DHS Sued Over Ending Deportation Protection for Haitians, Venezuelans
  4. Secretary Noem Rescinds Previous Administration’s Extension of Haiti’s Temporary Protected Status