Trump administration sued after it ends program for 60,000 Hondurans, Nicaraguans and Nepalese
Seven plaintiffs from the affected countries, along with the National TPS Alliance, an advocacy group, have filed the lawsuit against DHS and the agency's secretary, Kristi Noem, alleging that the terminations were, at least in part, motivated by racial animus and violated the Constitution.
Nicaragua, Honduras and Nepal have experienced natural disasters that have made it unsafe for their nationals to return home, leading to Temporary Protected Status (TPS) designations. On Monday, the Trump administration terminated the designation for those from Nicaragua, with a DHS spokesperson saying in a news release that the status 'never meant to last a quarter of a century.' It also terminated TPS for Honduras, with Noem similarly saying that TPS was designed to be 'just that — temporary.' Just over a month ago, DHS terminated the designation for Nepal.
The terminations, the lawsuit said, will impose 'extraordinary and irreparable harm' on TPS holders if the decisions aren't reversed.
'I work in a hospital, caring for cardiac patients. I've been doing it the 'right way' the whole time,' Jhony Silva, a Honduran TPS holder and a plaintiff in the case, said in a release from the ACLU of Southern California, one of the legal groups representing the plaintiffs. 'Now, I am facing losing my job, the ability to care for my family, and the only home I've ever known.'
Department of Homeland Security spokesperson Tricia McLaughlin said the lawsuit 'ignores the President's constitutionally vested powers.'
'TPS was never intended to be a de facto asylum program, yet that's how previous administrations have used it for decades,' McLaughlin said in a statement. 'The Trump administration is restoring integrity to our immigration system to keep our homeland and its people safe. We have the law, the facts, and common sense on our side.'
The lawsuit alleges that Noem, Trump and other officials made 'numerous' statements against non-white, non-European TPS holders based on their perceived race, ethnicity and national origin. In many cases, the suit said, officials disparaged TPS holders as 'criminals.'
Under Noem's tenure, DHS has criticized the program for being responsible for, the suit says, allowing 'half a million poorly vetted migrants into this country — from MS-13 gang members to known terrorists and murderers' — referring to a DHS social media post from May after the Supreme Court allowed Trump to revoke TPS from nationals of four countries. However, the suit points out, TPS is available only to those who are already in the U.S. And anyone with more than one misdemeanor conviction does not qualify for the status.
The suit also claims that the Trump administration's decision was based on predetermined political decisions and that DHS failed to give TPS holders a sufficient transition period. According to DHS announcements, TPS holders are being given 60 days before they will be stripped of their legal status and work authorizations. This means those from Nepal will have their status until Aug. 5. The lawsuit alleges that DHS violated the Administrative Procedure Act by abandoning the longstanding practice of providing a transition period of at least six months when terminating TPS designations in place for more than three years, as they were in the cases of all three countries.
'This administration is forcing TPS holders — and their U.S. citizen children — to make an impossible choice,' said Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law & Policy (CILP), another group representing the plaintiffs. 'They cannot safely go back to their country of nationality, leaving their families and communities, and yet they will be stripped of the right to live and work in the U.S.'
While DHS has determined that the countries are environmentally safe to return to, critics say that the terminations could upend lives and put TPS holders in danger. The State Department has designated Nicaragua as a country Americans should reconsider traveling to, citing crime, the arbitrary enforcement of laws, the risk of wrongful detention and the limited availability of health care. Honduras has received the same designation, and the State Department recommends increased caution when traveling in Nepal because of the potential for political violence.
The lawsuit follows several others that have tried to block the Trump administration's attempts to end TPS. The National TPS Alliance, in addition to seven Venezuelan nationals, sued the administration in February after the government rescinded protections for hundreds of thousands of Venezuelans living in the U.S.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NBC News
21 minutes ago
- NBC News
Trump hits Brazil with 50% tariff, in part due to trial of ally Jair Bolsonaro
President Donald Trump announced Wednesday he planned to hit Brazil with a 50% tariff, in part due to the treatment of its former president and his political ally, Jair Bolsonaro. In a letter posted to Trump's Truth social media network, he told current president Luiz Inacio Lula da Silva that "the way Brazil has treated former President an international disgrace." Trump has fiercely defended Bolsonaro, who is sometimes referred to as the 'Trump of the tropics,' as the former Brazilian leader faces charges that he plotted to overturn his 2022 election loss. "This trial should not be taking place," Trump added. Trump accused the Brazilian government of "insidious attacks on Free Elections, and the fundamental Free Speech Rights of Americans" including censorship of "U.S. Social Media platforms." Elon Musk's social media site X was briefly banned last year in Brazil after Musk refused to comply with a court request to ban some accounts. "In addition, we have had years to discuss our Trading Relationship with Brazil, and have concluded that we must move away from the longstanding, and very unfair trade relationship engendered by Brazil's Tariff, and Non-Tariff, Policies and Trade Barriers. Our relationship has been, unfortunately, far from Reciprocal." "Please understand that the 50% number is far less than what is needed to have the Level Playing Field we must have with your Country," Trump concluded. As with other countries that have received letters from the White House, Trump threatened even higher tariffs against Brazil if they choose to retaliate. Brazil was the 18th largest source of U.S. goods imports in 2024, with more than $42 billion worth of imports entering the country, according to U.S. International Trade Commission data. The 50% rate is by far the highest tariff Trump has slapped on any nation so far this week, as he rolls out dozens of letters on his social media platforms. Prosecutors in Brazil have alleged that Bolsonaro was part of a scheme that included a plan to assassinate the country's current president, who defeated him in the last election. Bolsonaro has denied all wrongdoing. 'Brazil is doing a terrible thing on their treatment of former President Jair Bolsonaro,' Trump said Monday on Truth Social. 'I have watched, as has the World, as they have done nothing but come after him, day after day, night after night, month after month, year after year! He is not guilty of anything, except having fought for THE PEOPLE.' In a reference to his own criminal charges, Trump added, 'This is nothing more, or less, than an attack on a Political Opponent — Something I know much about! It happened to me, times 10.'
Telegraph
33 minutes ago
- Telegraph
Maga row over Trump's plan to spare immigrant farm workers from deportation
Donald Trump's plans to spare farm workers from deportations has sparked uproar within Maga. The president said at a cabinet meeting on Tuesday that there would be 'no amnesty' for farm workers, echoing comments made by Brooke Rollins, the agriculture secretary. However, he said there would still be a 'work programme', which Ms Rollins said would protect farmers and ensure they had the labour they need. 'We've got to give the farmers the people they need, but we're not talking amnesty,' Mr Trump said. His comments appeared to be an effort to patch over a growing rift in his Maga base between immigration hardliners calling for mass deportations, and farm owners, many of whom rely on migrant workers, including those without legal status. Last week, Laura Loomer, a Maga firebrand who regularly accuses Trump appointees of disloyalty, accused Ms Rollins of undermining the president's America First agenda by 'trying to get amnesty for illegal alien farm workers'. Meanwhile, Charlie Kirk, a conservative activist, this week made a further thinly veiled swipe at Ms Rollins, warning the 'elite class' who had been advising the president: 'If you want to break our coalition, go and push amnesty.' Under the administration's plans, undocumented farm workers are set to be exempt from deportation if their bosses can vouch for them, while the priority for deportations will be on removing dangerous criminals. The H-2A visa programme, which enables US employers to give immigrants a temporary farm job by filing a petition on their behalf, will also be streamlined, Trump administration officials told The Daily Beast. Lori Chavez-DeRemer, the labour secretary, said at the cabinet meeting that her agency had 'developed a new office to answer the needs of our farmers and ranchers and producers'. Mr Trump first floated the idea last week at a rally in Iowa, an agricultural powerhouse, where he pledged to 'put the farmers in charge'. 'If a farmer's willing to vouch for these people, in some way, Kristi [Noem], I think we're going to have to just say that's going to be good, right?' he said. Policy on deporting agricultural workers not clear The administration has struggled to land a consistent message on deporting agricultural and hospitality workers, who were previously exempt from Mr Trump's immigration crackdown. Last month, the Department of Homeland Security reversed guidance prohibiting immigration raids at farms, hotels and restaurants, only to backpedal on the move days later following lobbying from industry leaders. There are around 283,000 undocumented farm workers in the US, nearly half of whom are based in California, according to the Centre for Migration Studies. Speaking at a news conference on Tuesday, Ms Rollins attempted to bridge the divide between both wings of Mr Trump's support base. She said: 'At the end of the day, the promise to America to ensure that we have a 100 per cent American workforce stands, but we must be strategic in how we are implementing the mass deportations so as not to compromise our food supply.'
NBC News
36 minutes ago
- NBC News
After Texas floods, questions about FEMA's future loom large
The devastating Texas flooding that has killed nearly 120 people is the first high-profile disaster the Federal Emergency Management Agency has faced under the current Trump administration. But while the loss of life has been catastrophic, former and current FEMA officials told NBC News that the relatively small geographic area affected means it's not a true test of what the agency, whose full-time staff has been shrunk by a third, is capable of doing in the wake of a disaster. The real tryout could come later this summer, they say, when there is always the threat that a hurricane could hit several states. As the agency's future is debated — President Donald Trump has talked about possibly 'getting rid of' it — Homeland Security Secretary Kristi Noem, who oversees it, has tightened her grip. Noem now requires that all agency spending over $100,000 be personally approved by her, according to current and former FEMA officials. To prevent delays on the ground, on Monday FEMA officials created a task force to speed up the process of getting Noem's approval, according to two people familiar with that unit. While Noem has been exercising more direct control over the agency, there is a void created by the largely voluntary exodus of FEMA leaders. In May, the agency announced in an internal email the departures of 16 senior officials who took with them a combined disaster expertise of more than 200 years. 'DHS and its components have taken an all-hands-on-desk approach to respond to recovery efforts in Kerrville,' a DHS spokesperson said in a statement to NBC News. 'Under Secretary Noem and Acting Administrator [David] Richardson, FEMA is shifting from bloated, DC-centric dead weight to a lean, deployable disaster force that empowers state actors to provide relief for their citizens. The old processes are being replaced because they failed Americans in real emergencies for decades. … Secretary Noem is delivering accountability to the U.S. taxpayer, which Washington bureaucrats have ignored for decades at the expense of American citizens.' On Wednesday afternoon, officials gathered for the second meeting of the FEMA Review Council, which the president has set up to determine the agency's future role. Trump told reporters in early June, 'We want to wean off of FEMA, and we want to bring it down to the state level.' As of now FEMA still has the same mandate and is managing more than 700 open disasters, according to Chris Currie, who tracks and audits the agency for the Government Accountability Office. 'They are not doing anything different. They are just doing it with less people,' he said in an interview. While the push to get states to do more has some supporters, even at FEMA, some Republican members of Congress have taken care to defend the agency in light of the disastrous floods. 'The role of FEMA is critically important,' Sen. Ted Cruz of Texas told reporters on Capitol Hill this week. 'I think everyone also agrees reforms that make FEMA more nimble, able to respond more quickly to a disaster, those reforms are beneficial, but regardless of the precise structure, the role is critical.' Red tape A key theme of the first FEMA Review Council meeting was how the federal government could reduce red tape. But current and former FEMA officials say Noem's demand to personally sign off on expenditures is creating a layer of bureaucracy that could delay assistance on the ground in Texas and during future hurricanes. A current FEMA official said the new requirement runs counter to the idea of reducing red tape and costs. 'They're adding bureaucracy … and they're adding cost,' the official said. One former senior FEMA official said the agency frequently needs to buy supplies and services in disaster zones and routinely signs contracts that exceed $100,000 to do that. 'FEMA doesn't sneeze without spending that amount of money,' the former official, who requested anonymity because they are working in a related industry, told NBC News. Beyond the rule about Noem approving certain spending, current and former officials said staff are confused about who is in charge of FEMA on a day-to-day basis: Noem or Richardson, who has been acting administrator since early May. One of the former officials said the agency's culture has shifted from being proactive to being more cautious because people are afraid of losing their jobs. DHS spokeswoman Tricia McLaughlin told NBC News that any questions about who is in charge are 'silly,' saying, 'Kristi Noem is the secretary of Homeland Security, which oversees federal emergency management — everyone knows that.' More changes are afoot. Last week the agency officially ended its practice of sending staff to knock on doors in disaster zones as a way to connect victims to services. The change came after FEMA canvassers came under scrutiny last fall when an agency employee told a survivor assistance team to avoid homes with Trump signs. The acting administrator at the time called the FEMA staffer's actions 'reprehensible.' The staffer, who was fired, has since told NewsNation that she was following orders from a supervisor and that the move was intended to help employees avoid 'hostile encounters.' While many people access FEMA services through other means, including its website and hotline, two former senior officials said door knocking is still an essential way that disaster victims get connected to services. It's unclear if the agency is sending or will send staff to knock on doors in Texas. This week a Democratic senator also complained that he has not yet seen the 2025 hurricane plan that Noem said at a May hearing she would share. Sen. Andy Kim of New Jersey, the top Democrat on the Subcommittee on Disaster Management, will send a letter Wednesday to Noem asking for the plan again. 'The reports of FEMA's incomplete 2025 hurricane season plan on the cusp of the start of hurricane season and DHS' slowness in providing the plan to this Committee are equally unsettling,' Kim wrote in the letter. FEMA or states? The key question going forward for FEMA remains what role, if any, it will play in disaster recovery, and what part of its previous mission will be delegated to the states to handle on their own. Experts who spoke with NBC News say it's clear the federal agency should still have a role in managing large-scale multistate disasters. What is less clear is whether states should be encouraged to do more to manage smaller disasters instead of relying on the federal government to bail them out. 'We need to incentivize states to spend more before requiring federal assistance,' said Jeff Schlegelmilch, director of the National Center for Disaster Preparedness at Columbia University. Natalie Simpson, a professor at the University of Buffalo who is an expert in emergency services and disaster response, said larger states can handle more responsibility when disaster strikes. 'I think big states like California, New York and Florida have enough economies of scale so they can set up a mini-FEMA, but I think other states it won't be as effective,' she said in an interview. Current and former FEMA officials pointed to comments Texas Gov. Greg Abbott made at the first FEMA Review Council meeting, in which he called FEMA 'clunky and 'slow' and that 'states have proven that we can move more nimbly, more swiftly and more effectively.' They noted that the governor had asked for a FEMA disaster declaration within days of the floods. On Sunday the president dodged a question about whether he would still eliminate the agency, telling reporters: 'Well FEMA is something we can talk about later. But right now, they're busy working, so we'll leave it at that.' By Monday, White House spokesperson Karoline Leavitt said talks around the broader purpose of the agency were ongoing. 'The president wants to ensure American citizens always have what they need during times of need. Whether that assistance comes from states or the federal government, that's a policy discussion that will continue,' Leavitt said.
