Feds Seek Dismissal of Lawsuit Challenging TPS Termination for Haiti, Venezuela

Feds Seek Dismissal of Lawsuit Challenging TPS Termination for Haiti, Venezuela

Editorial Credit: Phil Pasquini / shutterstock.com

BOSTON — May 8, 2025 — The federal government has urged a Massachusetts federal judge to dismiss a lawsuit filed by immigrants from Haiti and Venezuela challenging the Trump-era decision to end their Temporary Protected Status (TPS), arguing that the court lacks jurisdiction over the case.

In a motion filed this week, the U.S. Department of Justice contended that the plaintiffs’ claims fall outside the scope of judicial review. The administration maintains that the decision to terminate TPS is a discretionary authority granted to the executive branch under the Immigration and Nationality Act, and therefore not subject to court intervention.

TPS provides temporary legal status and work authorization to foreign nationals whose home countries are deemed unsafe due to armed conflict, natural disaster, or other extraordinary conditions. Plaintiffs in the case argue that the Trump administration’s effort to vacate TPS designations for Haiti and Venezuela was politically motivated and failed to follow proper procedures.

The Biden administration had previously extended TPS for both countries, but the litigation remains relevant due to its potential implications on future administrations’ discretion and immigrant protections.

Immigration advocates say terminating TPS would uproot thousands of families who have built their lives in the U.S., while government attorneys assert that national immigration policy must remain under the control of federal agencies and the executive branch.

A ruling on the motion to dismiss is expected in the coming months. Legal experts note that the case could shape future judicial oversight of immigration-related executive decisions.

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