Four individual TPS recipients and three membership organizations serving Haitian and Venezuelan TPS holders (Haitian-Americans United, Inc.; Venezuelan Association of Massachusetts; and UndocuBlack Network, Inc.) filed suit to challenge DHS Secretary Noem’s decision to vacate (nullify) the 18-month extensions of TPS for Haiti and Venezuela granted by the Biden administration. It also challenges Secretary Noem’s decision to terminate Venezuelan TPS effective April 7, 2025.
TPS is a form of humanitarian relief provided by the INA, which allows the Secretary of Homeland Security to “designate” a foreign state for TPS based on certain conditions that make it difficult for nationals of that state to remain or return there, including armed conflict and natural disasters. To qualify for TPS, individuals must show, among other things, continuous physical presence in the United States from the most recent date of designation, continuous residence in the United States from a (potentially earlier) date designated by the DHS Secretary, and a lack of disqualifying criminal history.
Secretary Noem’s decision reversed a move by the Biden administration last year to extend TPS for Haiti through February 2026 and TPS for Venezuela through October 2026. TPS was first granted to Haiti in 2010 following a devastating earthquake and has been renewed several times since. TPS for Venezuela was announced in 2021, citing high levels of crime in Venezuela related to political and economic instability under President Nicolas Maduro. As a result of Secretary Noem’s actions, Haitians would be required to return to their country by August 3, and Venezuelans by April 2.
Plaintiffs argue that DHS lacked legal authority under the TPS statute to rescind an extension of TPS that has already been granted. Plaintiffs also allege a violation of the Equal Protection Clause of the U.S. Constitution, arguing that DHS’s actions were motivated by intentional discrimination on the basis of race, ethnicity, or national origin.
Technical Summary:
The complaint alleges that the 2025 Venezuela vacatur, the 2025 Haiti vacatur, and 2025 Venezuela termination violate the APA as arbitrary and capricious acts that are an abuse of discretion and contrary to the Equal Protection Clause of the U.S. Constitution and the laws governing TPS. The complaint also alleges Haiti and Venezuela TPS vacaturs are ultra vires agency action. Additionally, the complaint alleges a violation of equal protection under the Fifth Amendment because the Trump Administration intended to discriminate against Haitian and Venezuelan TPS holders on the basis of race, ethnicity, and/or national origin. Plaintiffs seek declaratory judgment to this effect, an order holding unlawful and setting aside Secretary Noem’s above-mentioned actions, and preliminary and permanent injunctions preventing Defendants from carrying out or enforcing the above actions. On March 18, 2025, the Judge set a hearing on preliminary relief (Plaintiffs’ motion to stay agency action) for April 1.
Latest Updates
- 03/03/2025
