New York Attorney General Letitia James has led a coalition of 15 other state attorneys general in filing an amicus curiae brief to defend Temporary Protected Status (TPS) for Haitian and Venezuelan immigrants. The brief was submitted to the United States Court of Appeals for the Ninth Circuit, urging it to uphold a lower court decision that found the termination of TPS by the administration illegal.
“Los haitianos y venezolanos con Estatus de Protección Temporal contribuyen enormemente a nuestras comunidades al iniciar negocios, formar familias y asistir a nuestras escuelas”, stated Attorney General James. “El cruel intento de esta administración de poner fin de forma repentina e ilegal a su estatus legal pondrá en peligro la vida de cientos de miles de inmigrantes que huyeron de la violencia y la opresión para construir una vida mejor en este país. Seguiré luchando para proteger los derechos de nuestras comunidades inmigrantes”.
Despite ongoing humanitarian crises in Haiti and Venezuela and warnings from the U.S. Department of State regarding safety in both countries, the Trump administration attempted to revoke TPS for these immigrant groups soon after extensions were granted by the Biden administration. If allowed to proceed, this sudden loss of legal status could cause significant disruption for hundreds of thousands who fled violence and poverty to settle in the United States. Without TPS, Haitian and Venezuelan immigrants would lose work authorization and face possible deportation.
Attorney General James and her coalition argue that the U.S. District Court for the Northern District of California correctly ruled that ending TPS was arbitrary, capricious, and unlawful. They warn that revoking TPS could lead to economic instability as well as public health and safety concerns across communities nationwide.
The brief highlights that hundreds of thousands of U.S. citizens live with family members who are TPS beneficiaries from Haiti or Venezuela. In 2022, approximately 54,000 children and 80,000 adults in American households lived with Venezuelan TPS recipients; nearly 87,000 children and 116,000 adults lived with Haitian TPS recipients. If TPS is revoked, parents would be forced to choose between leaving their families behind or taking their U.S.-born children back to dangerous countries they do not know—or staying in the U.S. without legal status.
Economic contributions by Haitian and Venezuelan TPS holders are also noted: nationally, Venezuelan beneficiaries contribute over $11 billion annually while Haitians contribute $4.4 billion each year. In New York alone during 2023, households with TPS earned $2.3 billion in income, paid nearly $349 million in federal taxes and $305 million in state/local taxes, while adding $1.6 billion in purchasing power.
Ending TPS would jeopardize work authorization for many individuals supporting families; employer-sponsored healthcare coverage could also be at risk for these workers and their dependents.
Attorney General James has previously played a leading role defending immigrant rights under TPS programs—co-leading similar coalitions on behalf of immigrants from Haiti (September), Honduras/Nicaragua/Nepal (July), Venezuela (June), as well as another effort on behalf of Haitians (April).
Joining James on this most recent brief are attorneys general from California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Oregon, Vermont Washington State—and the District of Columbia.
