Legal Fight Launched Over Trump Administration’s Rollback of TPS Extension

Immigrant advocacy groups are challenging the Trump administration’s decision to roll back a Temporary Protected Status extension for hundreds of thousands of Haitian and Venezuelan immigrants.

Key Takeaways

A federal lawsuit challenges DHS Secretary Kristi Noem’s authority to rescind already-granted TPS extensions for Haitian and Venezuelan immigrants.
The policy change affects approximately 348,000 Venezuelans and potentially 500,000 Haitians in the United States.
TPS provides temporary legal status to immigrants who cannot safely return to their countries due to natural disasters or political upheaval.
The Trump administration argues the TPS program has been abused and should return to its original temporary nature.
The lawsuit argues the decision lacks statutory authority and potentially violates constitutional protections.

Legal Challenge to TPS Termination

Boston-based Lawyers for Civil Rights filed a federal lawsuit against the Trump administration, challenging the Department of Homeland Security’s decision to rescind Temporary Protected Status (TPS) for Haitian and Venezuelan immigrants. The legal action comes after DHS Secretary Kristi Noem announced plans to accelerate the expiration dates for TPS protections, despite previous extensions granted under the Biden administration that would have lasted until 2026.

The lawsuit, filed on behalf of three immigrant advocacy organizations and four affected individuals, argues that the TPS statute does not authorize the Secretary to rescind extensions that have already been granted. This legal action represents the first formal challenge to the administration’s recent policy change regarding Haiti’s TPS designation.

“The TPS statute does not authorize the Secretary to pull the rug out from under vulnerable TPS recipients and rescind an extension that has already been granted; she simply has no statutory authority to do so,” the complaint argues.

According to court documents, approximately 348,000 Venezuelans and potentially about 500,000 Haitians are affected by this policy change. Many recipients have been in the U.S. for years—Haiti has had TPS designation since 2010 following a devastating earthquake, while Venezuela received the designation in 2021 due to ongoing political violence and deteriorating infrastructure.

Among the plaintiffs is Gustavo Doe from Venezuela, who relies on TPS for health insurance and employment opportunities. Other plaintiffs include Sydney and Marlene Doe from Haiti, who have established lives in the U.S. with their children, one of whom is a U.S. citizen.

Administration’s Position on TPS

The Department of Homeland Security argues the TPS program has been abused and should return to its original purpose as a temporary protection measure. “Biden and Mayorkas attempted to tie the hands of the Trump administration by extending Haiti’s Temporary Protected Status by 18 months—far longer than justified or necessary,” a DHS spokesperson said, according to a February statement.

The Trump administration previously tried to end TPS for Haiti in 2018, which were blocked by courts. The current legal battle represents a renewed effort to reshape immigration policy after President Trump returned to office in the 2024 election.

Officials from the DHS maintain that the program was never intended to provide permanent residency rights and that conditions in some designated countries have improved sufficiently to allow for safe return.

Legal Arguments and Future Implications

The lawsuit argues that presidents do not have unlimited power to dismantle humanitarian protections. According to the complaint, the TPS statute provides no mechanism for a Secretary to rescind an extension once it has been granted. Additionally, the plaintiffs claim the decision may be racially biased and potentially unconstitutional.

This case could have significant implications for the scope of executive authority in immigration matters. The outcome will determine whether the affected immigrants can continue their lives in the United States or face deportation.