2025 TPS Lawsuit Information

TPS Lawsuit: NTPSA Vs. Noem:

Click here for our full press release. 

In partnership with civil rights organizations, we have filed a lawsuit challenging the Trump administration’s unlawful attempt to strip more than 600,000 Venezuelans of their Temporary Protected Status (TPS). This unprecedented move threatens the stability and safety of hundreds of thousands who have built their lives in the United States with the promise of humanitarian protection. Click here to read the full complaint.

What is the Lawsuit about?

The lawsuit challenges the Department of Homeland Security (DHS) Secretary Krist Noem’s decision to revoke an 18-month extension of TPS for Venezuelens, which had been lawfully granted by the Biden administration in January. Noem’s reversal would cut short protections for 350,00 Venezeluzans by April 2025 and another 250,00 by September 2024, despite the original extension running through October 2026.

We argue that this decision violates the Administrative Procedure Act, as the law does not permit early termination of TPS once granted. The lawsuit also contends that the termination was driven by racial animus, violating the Fifth Amendment’s guarantee of equal protection under the law.

Who are the Plaintiffs?

The plaintiffs include the National TPS Alliance, a member-led organization representing TPS holders nationwide, and several Venezuelan TPS holders directly impacted by the administration’s decision. They are parents, workers, students, and community members who rely on TPS to live and work lawfully in the United States while their home country remains in crisis.

What is NTPSA hoping for?

We are seeking to overturn the unlawful termination and reinstate the TPS extension as originally promised. Our goal is to protect the stability and dignity of TPS holders and ensure that the United States upholds its commitment to humanitarian protection under law.

How can I stay informed?

Follow NTPSA on social media for the latest updates:

Where can I read coverage about the filing?

Case Filings

February 19, 2025: Complaint

The Complaint, filed by Plaintiffs National TPS Alliance, on behalf of its members, and seven individual TPS holders, alleges that DHS’s decision to vacate the January 2025 extension of Venezuela’s TPS designation and, subsequently, to terminate Venezuela’s 2023 TPS designation, were motivated by racism in violation of the Constitution’s Equal Protection guarantee and were arbitrary and capricious and contrary to law, in violation of the Administrative Procedure Act.

February 19, 2025: Complaint

The Complaint, filed by Plaintiffs National TPS Alliance, on behalf of its members, and seven individual TPS holders, alleges that DHS’s decision to vacate the January 2025 extension of Venezuela’s TPS designation and, subsequently, to terminate Venezuela’s 2023 TPS designation, were motivated by racism in violation of the Constitution’s Equal Protection guarantee and were arbitrary and capricious and contrary to law, in violation of the Administrative Procedure Act.

February 20, 2025: Motion to Postpone Effective Date of Agency Action

The Motion to Postpone seeks an order postponing the effective date of the decision to vacate the January 2025 TPS extension and the subsequent decision to terminate Venezuela’s 2023 TPS designation until the court reaches a final decision in the case.

February 25, 2025:

The court grants Plaintiffs’ request to expedite consideration of their Motion to Postpone. The hearing on the Motion will be held on Monday, March 24, 2025 at 9am in the San Francisco Courthouse of the United States District Court for the Northern District of California. The hearing will be streamed live.

March 7, 2025:

Seventeen states and the District of Columbia file an amicus brief in support of Plaintiffs, explaining that terminating TPS for Venezuela would inflict irreparable harm on amici states by separating families, depleting the economy and the workforce, compromising public health, and imperiling public safety.

March 31, 2025: COURT GRANTS RELIEF

​​The court grants Plaintiffs’ Motion to Postpone. Pursuant to the court’s order, the January 17, 2025 Extension of Venezuela’s TPS designation remains in effect pending a final decision in the case. To establish work eligibility through April 2, 2026, Venezuelan TPS holders may show their work permit with category A12 or C19 and a “card expires” date of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022 along with a copy of the January 17, 2025 Federal Register Notice extending Venezuela’s TPS designation.

MAY 8, 2025: PLAINTIFFS OPPOSE SUPREME COURT STAY

Plaintiffs filed their opposition to the government’s application requesting that the U.S. Supreme Court stay the district court’s March 31, 2025 order and allow the termination of Venezuela’s 2023 TPS designation to take effec

May 19, 2025: Supreme Court Grants Stay

he Supreme Court granted the government’s application to stay the district court’s March 31, 2025 order granting relief to Venezuelan TPS holders. Please see this FAQ (in English and Spanish  for answers to common questions about the effect of the Supreme Court’s decision.

May 21, 2025: Motion to Preserve Rights

Plaintiffs file a motion to preserve the rights and status of TPS holders who received TPS-related documents under the January 17, 2025, extension.

May 29, 2025: District Court Grants in Part and Denies in Part Plaintiffs’ Motion to Preserve Rights

The district court ruled that certain documents issued under the January 17, 2025 extension will remain valid pending a final decision in the case. Specifically, the following documents remain valid if received on or before February 5, 2025: (1) a final approval notice or Form I-94 granting TPS through October 2, 2026 or (2) a Notice of Action automatically extending work authorization for 540 days. The district court denied Plaintiffs’ motion with respect to documents issued after February 5, 2025.

June 3, 2025: Motion for Partial Summary Judgment

Plaintiffs file Motion for Partial Summary Judgment seeking to set aside the vacatur and termination of Venezuela’s 2023 TPS designation and the partial vacatur of the July 1, 2024 extension and redesignation of Haiti for TPS. 

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