Venezuelans maintain their TPS status pending a final resolution

On Wednesday, the 9th U.S. Circuit Court of Appeals in Pasadena heard oral arguments to revoke the Temporary Protected Status (TPS) extension for 350,000 Venezuelans. This appeal by the Trump administration intends to overturn a lower court’s order in March.

Jessica Banzo, attorney with the National Day Labor Organizing Network and representative for one of the plaintiffs, said in the lawsuit, NTPSA v. Noem, the court originally said DHS Secretary Kristi Noem’s decision to take back TPS–protections granted under the Biden administration was illegal because it exceeded her authority.

“The TPS program is a humanitarian program designed to take politics out of refugee protections. It's a program designed to provide people with stability to know how long they will be able to stay in this country,” said Banzo during a press conference outside of the court in Pasadena.

This is the first time the refugee program–which started 35 years ago–has been challenged and the action is considered unlawful. 

“The district court also found that the evidence suggests the Secretary's decision was motivated by racism against Venezuelan TPS holders based on her own statements describing her decisions,” said Banzo.

Flee or fight

Cecilia Gonzalez Herrera, a TPS holder from Venezuela and plaintiff, said she fled prosecution from Venezuela years ago with her parents. Her mother was a small business owner and her father an attorney in Venezuela. Once the family moved to the United States, her mother became a Walmart employee and her dad an Uber driver. Herrera worked in hospitality.

For them these jobs were not an issue, but a blessing because they felt safe and protected. 

However, after learning about Noem’s decision to strip Venezuelans from their TPS, Herrera decided to lift her voice and show that immigrants strengthen this country. 

“What we've seen with this lawsuit is once again an administration who is trying to persecute immigrants, [an administration] who is trying to tell us that we do not belong here. But guess what? In this country, there is enough space for all of us,” she said. “We either flee or fight. I fled once already, I chose to fight, and I continue doing it day to day, not only for my family, but for every single individual [who is in] this country who deserves to be able to live without fear.”

The next steps

NTPSA v. Noem was filed in February to challenge the termination of TPS for Venezuelans, and later amended to include Haitian TPS holders after DHS vacated an extension for Haiti. 

The lawsuit challenges the termination of TPS as unconstitutionally motivated by racial animus and as arbitrary, capricious and in excess of legal authority in violation of the Administrative Procedure ACT (APA). 

Banzo said the three-judge panel had a lot of hard questions for the government, but did not make a decision because the Ninth Circuit doesn't make a decision from the bench during argument. 

“Typically, we expect a decision will be published in the coming weeks or months. There's not a specific deadline,” she said.

The next hearing is scheduled for August 1. 

Banzo said she was confident to win because of their strong arguments. 

“We know that we represent a beautiful community of TPS holders, and we are hopeful that justice will prevail in this case,” she said.