Original Date Announced

The 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]

Subsequent Trump and Court Action

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 v. Garite, No. 3:25-cv-00127 (W.D. Tex.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2026.07.09 Complaint - Pineda v. United States

A Massachusetts man sued the federal government, alleging ICE unlawfully arrested and detained him for two days in 2025 despite his lawful immigration status. The plaintiff, who has Temporary Protected Status, a T-visa, and a pending asylum application, says he showed officers proof of his status before being arrested. He alleges he was jailed in overcrowded, inhumane detention conditions and that ICE later initiated, then dropped, removal proceedings. His suit, brought under the Federal Tort Claims Act, alleges false imprisonment, false arrest, abuse of process, assault, battery, infliction of emotional distress, conversion, negligent supervision, as well as racial profiling. Pineda v. United States, No. 1:26-cv-13149 (D. Mass.).

**Link to case here. See litigation note above**