For Immediate Release
Press Contacts:
Linda Paris, Washington Lawyers’ Committee, (202) 308-5186, [email protected]
Jossie Flor Sapunar, CASA, 240-706-2624, [email protected]
Yatziri Tovar, Make the Road NY, 917-771-2818, [email protected]
On February 5, 2025, the Secretary of Homeland Security issued an order to end the critical immigrant relief program Temporary Protected Status (TPS) for Venezuelans living in the U.S. This unconstitutional action forces nearly 600,000 Venezuelans and their families currently living in the U.S. with TPS protection into the untenable position of potentially being forced to return to a country experiencing what has been described as one of the worst humanitarian crises in the history of the Western Hemisphere. Secretary Noem’s action would also strip Venezuelan TPS holders of their ability to work lawfully in the United States.
The Equal Protection Clause of the Fifth Amendment prohibits the federal government from taking action for which discriminatory intent or purpose is a motivating factor. The discriminatory intent is evidenced by federal officials’ repeated remarks that Venezuela and other non-European countries have “emptied their jails” and “mental institutions” to send migrants to the U.S. In violation of the Fifth Amendment’s Due Process protections, the complaint alleges that federal officials abused their authority.
The termination comes within days of federal officials calling Venezuelans “dirtbags” on Fox News and was preceded by repeated statements that dehumanize immigrants of color. The complaint asserts that the demonstrated racial animus motivating the termination of Venezuela TPS violates the Fifth Amendment of the U.S. Constitution.
The Secretary of Homeland Secretary and the federal government also failed to follow the Administrative Procedure Act. The Administrative Procedure Act authorizes federal courts to set aside unlawful agency actions.
CASA and Make the Road New York on behalf of their members nationwide seek to revoke the unlawful termination of the TPS designation for Venezuela.
E.B. is a single mother, an insurance agent, and a CASA member in Georgia. “I am suing the Trump administration for its cruel decision to end Temporary Protected Status for my home country, Venezuela. This decision threatens not just me, but also my son, my elderly parents, and the life we have fought so hard to build. My son, who has Williams syndrome and intellectual disabilities, depends on me entirely. In the U.S., he has access to medical care, education, and opportunities that were impossible in Venezuela. Without TPS, I would lose my ability to work legally, putting my entire family at risk. I refuse to stay silent while our future is under attack. This lawsuit is not just about me: it’s about every TPS holder who has built a life here, every parent fighting for their child’s future, and every family thrown into crisis overnight. We need the courts to intervene before it’s too late.”
“The Trump administration’s decision to vacate and rescind Temporary Protective Status for Venezuela represents a major departure from our nation’s promise of equal protection. At its core, the decision is clearly racially motivated, as reflected by numerous statements from the president and his administration denigrating people from the country,” said Harold Solis, Co-Legal Director of Make the Road New York. “Today we stand with our Venezuelan members in safeguarding their rights, but make no mistake—this is much bigger than protecting immigrants from one country. With this action, the administration is coming for Venezuelans, but they have made clear that they intend to deport, terrorize, and tear apart all immigrant families. We will not be complacent in the face of these threats, and will fight to protect all of our communities.”
“The Temporary Protected Status program has been a lifeline for Venezuelans seeking humanitarian protection,” said Joanne Lin, Executive Director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “Absent court intervention, 600,000 Venezuelans will be stripped of TPS protection and subject to forced deportation to a country plagued with a severe humanitarian and human rights crisis.”
Read the complaint here.
With over 173,000 lifetime members across 46 US states, CASA is a national powerhouse organization building power and improving the quality of life in working-class: Black, Latino/a/e, Afro-descendent, Indigenous, and Immigrant communities. CASA creates change with its power building model blending human services, community organizing, and advocacy in order to serve the full spectrum of the needs, dreams, and aspirations of members. The complete name of the organization is “CASA” and not other variations. It is not an abbreviation or shortened for other names.
Washington Lawyers’ Committee for Civil Rights and Urban Affairs: Founded in 1968, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs works to create legal, economic, and social equity through litigation, client and public education and public policy advocacy. While we fight discrimination against all people, we recognize the central role that current and historic race discrimination plays in sustaining inequity and recognize the critical importance of identifying, exposing, combatting, and dismantling the systems that sustain racial oppression. We partner with individuals and communities facing discrimination and with the legal community to achieve justice.
Make the Road New York (MRNY) builds the power of immigrant and working-class communities to achieve dignity and justice through organizing, policy innovation, transformative education, and survival services. We have 28,000+ members and operate five community centers in Bushwick, Brooklyn; Jackson Heights, Queens; Port Richmond, Staten Island; Brentwood, Long Island; and White Plains, Westchester County.