CASA, Inc. v. Noem (TPS Venezuela DHS)
Legal Issues
Overview
Overview
CASA and Make the Road New York, 2 nonprofits assisting immigrants, sued the Department of Homeland Security over the cancellation of temporary protected status for Venezuelans.
Overview
CASA, Inc. sued the Department of Homeland Security over the attempted termination of Temporary Protected Status designations for Afghanistan and Cameroon.
The Issue
Issue
Whether the Department of Homeland Security had statutory and procedural authority to cancel Temporary Protected Status for Venezuelan nationals, and whether such cancellation violated the Immigration and Nationality Act and the Administrative Procedure Act.
The Rules
Rule
Under 8 U.S.C. § 244, the Secretary of Homeland Security may terminate a country's TPS designation when the conditions supporting designation no longer exist, provided the termination complies with the Administrative Procedure Act's requirements for reasoned decision-making and proper notice-and-comment procedures.
The Application
Analysis
CASA and Make the Road New York challenge DHS's cancellation of TPS for Venezuelans on grounds that the ongoing humanitarian crisis and armed conflict in Venezuela continue to satisfy the statutory criteria for TPS eligibility, and that DHS failed to follow required procedural safeguards in terminating the designation.
The Conclusion
Conclusion
The case remains active in the District Court, with resolution pending on whether DHS's cancellation of Venezuelan TPS was authorized by law and whether the agency action was arbitrary and capricious under the APA.
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