Migrants File Lawsuit Against Trump to Prevent Deportation by Citing Racism

Immigrants File Suit Against Trump Administration Over TPS Termination

Immigrants in the U.S. with temporary protected status (TPS) have brought a lawsuit against President Donald Trump’s Department of Homeland Security (DHS), aiming to prevent their deportation back to their native countries. They also claim that President Trump and DHS Secretary Christie Noem exhibit racism.

This week, Noem announced the termination of TPS for many immigrants from Honduras and Nicaragua. Just last month, she had made a similar announcement about TPS for immigrants from Nepal.

Though initially intended to be a short-term solution during the Clinton administration, TPS has effectively evolved into a sort of permanent amnesty program, as subsequent presidents have consistently expanded TPS and added new countries.

Represented by the National TPS Alliance, the immigrants argue that the decision to rescind TPS is partially rooted in racism towards non-white immigrants.

The lawsuit states, “The termination of TPS for those from Honduras, Nepal, and Nicaragua constitutes an unlawful effort to revoke existing TPS designations and the legal status and work authorizations they provide, irrespective of whether the legal criteria for terminating TPS are satisfied.”

If Secretary Noem’s TPS measures are ended, these individuals will face deportation. I can’t go back to my country safely, and without legal permission to reside or work in the U.S. [Emphasis added]

…

The secretary’s decision appears to be influenced, at least in part, by intentional bias based on race and national origin, which is a violation of the Fifth Amendment. It’s become somewhat normalized, but the reality is Secretary Noem, President Trump, and members of the Trump administration have used racist attitudes to justify TPS decisions regarding immigrants from non-white, non-European nations. This includes the countries mentioned here. [Emphasis added]

The lawsuit is asking the district courts to declare the DHS’s decision to end TPS for immigrants from Honduras, Nicaragua, and Nepal unconstitutional and unlawful, violating the due process clause of the Administrative Procedure Act and the Fifth Amendment.

The case is National TPS Alliance v. Noem, no. 3:25-CV-05687, in the U.S. District Court for the Northern District of California.