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Original Date Announced
March 15, 2025The Washington Post reports that a Venezuelan national with Temporary Protected Status (TPS) had already been detained by ICE for more than 20 days. The article also tells the story of two Venezuelan nationals with TPS who were similarly detained, taken into ICE custody, and then released from federal custody after being charged with illegal entry charges - even though they entered the U.S. in 2022 and now hold TPS.
INA 244(d)(4) (8 U.S.C. 1254a(d)(4)) states that "An alien provided temporary protected status under this section shall not be detained by the Attorney General on the basis of the alien's immigration status in the United States."
Trump 2.0 [ID# 1626]
2025.03.15 Reported - Washington Post: Border patrol grabs Venezuelan parents despite protected statusEffective Date
March 15, 2025Subsequent Trump and Court Action(s)
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April 25, 2025
2025.04.25 Memorandum Opinion and Order - Puentes v. Garite
Judge David Briones issued a Temporary Restraining Order in Puentes v. Garite, a case filed on behalf of the Venezuelan couple profiled in the original policy entry. The order grants the couple's petition for habeas corpus, orders their immediate release, and enjoins the U.S. government from further detaining or re-detaining them so long as their TPS remains valid under law.
The order also enjoins Respondents and any other agency within the Executive Branch of the United States from removing non-citizens detained in the Western District of Texas who "were, are, or will be subject to" Proclamation 10903, "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua." Sanchez Puentes et al v. Garite et al, 3:25-cv-00127-DB (W.D. Tex.).
**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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Current Status
NoneOriginal Trump Policy Status
Status: Reported In LitigationTrump Administration Action: Change in PracticeSubject Matter: Detention Interior Enforcement TPSAgencies Affected: ICEAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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Commentary
2025.03.12 - LA Times: Venezuelan couple arrested and charged with illegal entry — two years after crossing into the U.S.
Advocates say this is the first case in which misdemeanor illegal entry charges have been issued so long after entry to the U.S. "They say the case could set legal precedent and may affect thousands of other immigrants who similarly entered the U.S. illegally but were [later] granted legal protections. Those people are registered with the federal government, so their whereabouts are known to authorities."
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