Democratic New York Attorney General Letitia James, along with a coalition of 17 state attorneys general, announced a legal challenge Friday against the Trump administration’s decision to end Temporary Protected Status (TPS) for Venezuelans.
The plaintiffs filed an amicus brief in federal court challenging the Department of Homeland Security’s (DHS) decision to terminate TPS for Venezuelans. The program, established by Congress in 1990, provides temporary protection and work authorization to individuals deemed unsafe due to conflict, disaster or extraordinary conditions. In 2021, Congress extended this designation to Venezuelan nationals.
“My office and a group of AGs are challenging Trump’s unlawful early termination of Temporary Protected status for Venezuelans,” James wrote in an X post. “The TPS program offers safety and stability for families at risk. This attempt to end the program for Venezuelans is dangerous, and it must be stopped.”
My office and a group of AGs are challenging Trump’s unlawful early termination of Temporary Protected Status for Venezuelans.
The TPS program offers safety and stability for families at risk.
This attempt to end the program for Venezuelans is dangerous, and it must be stopped.
— NY AG James (@NewYorkStateAG) March 7, 2025
Joining James in filing the brief were the attorneys general of Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington and the District of Columbia.
More than 600,000 Venezuelans currently reside in the U.S. under TPS, according to the amicus brief. Additionally, over 130,000 American citizens live in mixed-status households, meaning at least one family member relies on TPS protections. The attorneys general argue the termination would inflict irreparable harm by stripping them of their “ability to legally work” and exposing them to deportation.
They also argue ending TPS protections would “substantially harm Amici States’ economies by depleting their workforces and depriving them of considerable tax revenue,” citing a 75% workforce participation rate among TPS-eligible Venezuelans.
DHS Secretary Kristi Noem defended her Feb. 1 termination of Venezuela’s TPS designation on national security grounds, claiming Venezuelan TPS recipients included members of the Tren de Aragua criminal gang. The termination order also framed the move as part of the Trump administration’s broader illegal immigration crackdown, arguing TPS had become a “pull factor” worsening the border crisis. She also argued conditions in Venezuela had improved enough to permit safe return to the country, citing positive changes in Venezuela’s crime rates, healthcare system and economy.
It is so good to have the Venezuela Hostages back home and, very important to note, that Venezuela has agreed to receive, back into their Country, all Venezuela illegal aliens who were encamped in the U.S., including gang members of Tren de Aragua. Venezuela has further agreed to…
— Donald J. Trump (@realDonaldTrump) February 1, 2025
Among such Venezuelan migrants is José Antonio Ibarra, who was confirmed during his trial and sentencing to be a Tren de Aragua member. Ibarra was convicted of murdering University of Georgia nursing student Laken Riley.
The court has yet to set a date for oral arguments in this case. The brief was filed in the U.S. District Court for the Northern District of California.
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