On Monday, a group of immigration lawyers and individuals with Temporary Protected Status (TPS) asked a federal judge in San Francisco to pause the Trump administration’s decision to end TPS protections for more than one million Venezuelan and Haitian immigrants.
The hearing marked the start of a case challenging the administration’s move to eliminate Venezuelans’ access to TPS—a federal program that grants legal status and work permits to people from certain countries who cannot safely return home. The lawsuit has since expanded to include Haitian TPS holders.
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“The lawsuit we filed, it’s not about an administrative decision,” said Cecilia Gonzalez Herrera, a Venezuelan TPS holder and plaintiff in the case. “It’s about protecting nearly 600,000 Venezuelans and their families who rely on this safety and stability.”
On Feb. 1, Department of Homeland Security (DHS) Secretary Kristi Noem revoked a planned 18-month extension of TPS for Venezuelans, arguing the move went against the “national interest of the United States.” The decision could strip 350,000 Venezuelans of their legal status in early April, with another 250,000 facing the same fate by summer, according to the ACLU.
Two weeks later, on Feb. 19, the National TPS Alliance and several Venezuelan TPS holders filed a lawsuit in San Francisco federal court, calling the TPS termination “unlawful, politically motivated” and “racially biased.” Their suit is supported by the National Day Laborer Organizing Network (NDLON) and the ACLU.
“Make no mistake. This case is about the people,” said Ahilan Arulanantham, a UCLA law professor leading the plaintiffs’ legal team. “It is about the communities who have so much to offer this country.”
In recent weeks, beneficiaries from more countries have been similarly affected. In late February, DHS announced TPS protections for Haitian immigrants would end by August, which could impact up to 500,000 people. On Friday, DHS officials said that Cuban and Nicaraguan immigrants would also lose humanitarian parole protections this spring.
This isn’t the first time Trump-era officials have attempted to roll back TPS. In 2018, a federal judge blocked those efforts with a preliminary injunction, responding to a lawsuit by the National TPS Alliance. Advocates now hope for a similar ruling to pause implementation while the court reviews the current case.
Immigrants fight against TPS rollback
Before the hearing began, more than 100 immigrants, lawyers and advocates from across the country gathered outside the Phillip Burton Federal Courthouse in downtown San Francisco. Many waved Venezuelan flags and held banners in support of TPS holders, as speakers and musicians shared messages of solidarity.
“We’re seeing our Venezuelan and Haitian communities get stigmatized in a way we had never seen before,” said Pablo Alvarado, co-executive director of NDLON. “This isn’t fair. The person who has spent 35 years here and the person who is now crossing the border—we are all worth the same.”
Some Venezuelans said they were frustrated by the way their community has been targeted by Trump’s immigration crackdown, despite having immigrated legally.
“There’s a lot of racism, a lot of discrimination. I respect that the president came to put things in place,” said Yusnaira M., a TPS holder who flew from Los Angeles for the rally. “But really, the administration is acting badly. I feel like they’re acting on whims and impulsivity.”
Isaris Pumar, who also flew in from Los Angeles, is a permanent resident, but said many of her family members rely on TPS.
“Many people thought they were supporting a change. But we feel like we were used,” Pumar told El Tecolote. “There have been so many people who left everything in their country… many people who haven’t just been here a year but have spent twenty years here, and left everything behind.”
Even TPS holders not currently affected by the changes showed up in solidarity.
“Today, more than ever, we need to keep fighting, because as immigrants, we’re receiving a lot of attacks,” said Johnny S., a Honduran TPS holder based in Hayward. “Just because someone made a mistake doesn’t mean that we’re all the same.”
Plaintiffs are urging the court to act before TPS protections begin to expire on April 3.