Subsequent Trump and Court Action(s)

• February 5, 2025

  Guidance for Venezuelan TPS beneficiaries to complete Form I-9, USCIS

  On February 5, 2025, USCIS posted guidance on its website for Venezuelan TPS beneficiaries regarding Form I-9, Employment Eligibility Verification.

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• February 5, 2025

  Termination of Designation of Venezuela for TPS

  DHS issued a notice for public inspection stating that it would terminate the 2023 designation of Temporary Protected Status (TPS) for Venezuela in 60 days from the official publication of the termination notice. The official notice will publish in the Federal Register on February 5, 2025, so TPS under the 2023 designation will expire on April 6, 2025. DHS estimates that nearly 350,000 Venezuelans were eligible for TPS under the terminated designation.

  This change does not apply to Venezuela's 2021 TPS designation or individuals whose status was granted under that designation.

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• February 19, 2025

  2.19.2025 Complaint National TPS Alliance v. Noem

  On February 19, 2025, the Center for Immigration Law and Policy at UCLA School of Law and the ACLU of Northern California filed a lawsuit on behalf of the National TPS Alliance and Venezuelan TPS holders challenging the Trump administration's vacatur of the Biden administration's TPS extension and the subsequent termination of Venezuelan TPS.

  The complaint alleges that DHS' actions were illegal because "the TPS statute tightly regulates the conditions under which TPS decisions can be made" and "DHS has no authority to 'vacate' a prior TPS extension" without following the process prescribed by statute. Plaintiffs also claim that even if DHS has authority, the decision to vacate was arbitrary and capricious, violated the Administrative Procedure Act (APA), and was "motivated at least in part by racial animus, in contravention of the Fifth Amendment[.]" National TPS Alliance v. Noem, 25-cv-01766 (N.D. Cal.).

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search  Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• February 20, 2025

  2025.02.20_Complaint - Casa, Inc. v. Noem (D. Maryland)

  On February 20, 2025, CASA, Inc. filed a lawsuit against DHS Secretary Kristi Noem in Maryland District Court, Southern Division, on behalf of its more than 2,000 member who have ties to Venezuela, many of whom are TPS beneficiaries. The complaint alleges that "Secretary Noem’s purported vacatur and termination are invalid" because "DHS lacks authority to 'vacate' a prior TPS extension" and can only terminate a TPS designation by following the procedural requirements and timeframe outlined by statute. Additionally, the complaint agues that Secretary Noem's decision was "motivated at least in part by racial animus" and therefore violates the U.S. Constitution which "forbids the federal government from discriminating against persons because of their race, ethnicity, or national origin." Casa v. Noem, 25-cv-00525 (D. Md.).

  **See litigation note above**

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• March 3, 2025

  2025.03.03 Complaint - Haitian-Americans United v. Trump

  Lawyers for Civil Rights filed a lawsuit on behalf of immigration advocacy organizations and individuals to challenge the vacatur of the extension of the 2023 designation of TPS for Venezuelans and the termination of that designation as well as the reduction of duration of Haitian TPS. The lawsuit alleges that the rollbacks are unconstitutional and violate federal law. Haitian-Americans United v. Trump, No. 1:25-cv-10498 (D. Mass).

  **See litigation note above**

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• March 12, 2025

  2025.03.12 Reported: Venezuelan couple with TPS charged with illegal entry - LA Times

  The Los Angeles Times reports that "[a] couple from Venezuela were arrested by federal immigration agents this week and charged with misdemeanor illegal entry, more than two years after their arrival at the southern U.S. border." According the husband's father, "[e]veryone in the family . . . has Temporary Protected Status and a pending asylum application."

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• March 31, 2025

  2025.03.31 - Order Granting Plaintiffs' Motion to Postpone - National TPS Alliance v. Noem

  Judge Edward Chen granted the plaintiff's motion in National TPS Alliance v. Noem to postpone the extension vacatur and termination of the 2023 TPS designation until the resolution of the litigation. Judge Chen found that the plaintiffs were likely to succeed on the merits of their claim that Secretary of Homeland Security Kristi Noem lacked authority to vacate the extension and terminate the TPS designation under the Immigration and Nationality Act, that the vacatur and termination were arbitrary and capricious under the Administrative Procedures Act (APA), and that "Plaintiffs have raised a substantial claim of unconstitutional animus" under the Fifth Amendment. Judge Chen further held that plaintiffs are entitled to nationwide relief under APA § 705, despite the government's request to limit relief to the named plaintiffs. National TPS Alliance v. Noem, 25-cv-01766-EMC (N.D. Cal.).

  **See litigation note above**

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• April 2, 2025

  2025.04.02 USCIS - Continuation of 2023 Designation of TPS Venezuela

  USCIS announced that in light of the March 31, 2025 order in National TPS Alliance v. Noem postponing the termination of TPS for Venezuela while litigation is pending, “the department will revert to the Federal Register notice that was published on Jan. 17, 2025.” Accordingly, the 2023 TPS designation for Venezuela remains extended through October 2, 2026 and Employment Authorization Documents (EADs) are automatically extended through April 2, 2026, “pending further litigation.”

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