Attorney General James Defends Temporary Protected Status for Venezuelan Immigrants 

NEW YORK – New York Attorney General Letitia James today co-led a coalition of 17 attorneys general in defending hundreds of thousands of Venezuelan immigrants who have had their legal status threatened after the Trump administration attempted to eliminate Temporary Protected Status (TPS) for Venezuelan immigrants. The TPS program is a critical humanitarian lifeline established by Congress in 1990 that protects immigrants from being returned to certain countries deemed unsafe, allowing them to work and build a life in the United States. In an amicus brief filed in National TPS Alliance v. Noem, Attorney General James and the coalition urge the United States Court of Appeals for the Ninth Circuit to uphold a lower court’s decision postponing the U.S. Department of Homeland Security’s early termination of TPS for Venezuelan immigrants. The attorneys general support the lower court’s finding that the termination is likely arbitrary and unlawful.  

“The Department of Homeland Security’s decision to strip TPS from Venezuelan immigrants is an affront to our nation’s core values and a dangerous attempt to undermine the rule of law,” said Attorney General James. “I will not sit idly by while this administration undermines the safety of hundreds of thousands of people and violates the rights of those seeking a better life for their families while contributing to our communities.”  

New York is a safe home to approximately 56,800 TPS holders from all countries. Nationwide, more than 600,000 Venezuelan immigrants were residing in the United States with TPS as of January 2025. The termination of TPS for Venezuelan immigrants will force hardworking people to make a devastating choice between:

• Returning to their country of origin alone, leaving their families behind;
• Taking their family members, some of whom are American citizens, with them to a dangerous country that they do not know; or
• Staying in the United States and retreating into the shadows, knowing that they cannot work legally and could be ripped from their families at any time.

Attorney General James and the coalition previously filed an amicus brief in this case in the U.S. District Court for the Northern District of California. The court sided with the coalition, postponing the mass cancellation of TPS for Venezuelan immigrants while the case could be argued. Attorney General James and the coalition are now urging the Ninth Circuit to affirm the District Court’s decision, which the Supreme Court stayed on May 19. The brief argues that terminating TPS for Venezuelan immigrants will:  

• Harm states’ economies and workforces because immigrants with TPS, including those from Venezuela, are dynamic contributors to the states’ economies;
• Raise health care costs and pose substantial risks to public health by eliminating TPS holders’ work authorization and thereby jeopardizing employer-sponsored health insurance for many families;
• Create challenges in protecting public safety for jurisdictions nationwide. 

Attorney General James and the coalition emphasize that when former Department of Homeland Security (DHS) Secretary Mayorkas extended Venezuela’s TPS designation in January of this year, he cited 52 sources indicating that Venezuela remained in a state of “humanitarian emergency.” When current DHS Secretary Kristi Noem announced the termination of Venezuela’s TPS designation, she baselessly claimed there have been “notable improvements in several areas” in Venezuela. The brief notes that Venezuela remains on the U.S. Department of State’s list of “Level 4: Do Not Travel” countries.  

Attorney General James and the coalition also argue that TPS enhances public safety by allowing immigrants to contact law enforcement without jeopardizing their immigration status. As the brief notes, immigrants who lack legal status are less likely to report crime, and ending TPS protections for Venezuelan immigrants would make it harder for states to keep their communities safe. TPS applicants must meet specific criteria to be granted protection, including screenings for criminal history and background checks, and can lose their status if convicted of certain crimes.

Joining Attorney General James and California Attorney General Rob Bonta in filing the brief are 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.