VEPPEX y AMAVEX presentan escrito de apoyo a beneficiarios del TPS venezolano ante la ACLU

NOTI-AMERICA.COM | VENEZUELA

VEPPEX y AMAVEX presentan escrito de apoyo a beneficiarios del TPS venezolano ante la ACLU

Miami, FL – 19 de marzo de 2025 – Las organizaciones Venezolanos Perseguidos Políticos en el Exilio (VEPPEX) y la Asociación Multicultural de Activistas Voz y Expresión (AMAVEX) han presentado un escrito de Amicus Curiae ante la Unión Estadounidense por las Libertades Civiles (ACLU, por sus siglas en inglés), en apoyo a los beneficiarios venezolanos del Estatus de Protección Temporal (TPS, por sus siglas en inglés). Este esfuerzo busca respaldar la demanda presentada por la Alianza Nacional TPS contra la decisión del Departamento de Seguridad Nacional (DHS) de finalizar el TPS para aproximadamente 348,000 venezolanos, anunciada el pasado 20 de febrero de 2025, con vencimiento previsto para el 2 de abril de 2025.

El escrito, liderado por José Antonio Colina, presidente de VEPPEX, y Helene Villalonga, presidenta de AMAVEX, argumenta que la terminación del TPS es ilegal, arbitraria y contraviene principios humanitarios fundamentales establecidos en la ley de inmigración de Estados Unidos y en normas internacionales de derechos humanos. Ambas organizaciones destacan que la deportación de beneficiarios del TPS expondría a los venezolanos a graves riesgos en su país de origen, donde persisten la represión política, el colapso económico y las violaciones sistemáticas de derechos humanos, según informes recientes del Departamento de Estado de EE.UU. y Human Rights Watch.

Protección de familias y niños ciudadanos estadounidenses

El documento enfatiza el impacto devastador que la terminación del TPS tendría en las familias, especialmente en más de 270,000 niños ciudadanos estadounidenses que dependen de padres con TPS. La separación forzada violaría derechos constitucionales como la unidad familiar, protegida bajo la Quinta y Decimocuarta Enmienda, y causaría daños psicológicos, económicos y educativos irreparables a estos menores, según estudios citados de la Asociación Americana de Psicología y el Urban Institute.

Contribuciones económicas y sociales

VEPPEX y AMAVEX también subrayan las significativas contribuciones de los inmigrantes venezolanos a la economía estadounidense, particularmente en estados como Florida, Texas y Nueva York. Con una tasa de participación laboral del 74% y un 57% de adultos con títulos universitarios, los venezolanos han impulsado sectores clave como la salud, la construcción y la hospitalidad. Su deportación generaría pérdidas económicas, escasez de mano de obra y un aumento en la dependencia de programas de asistencia pública.

Contexto legal y humanitario

El escrito argumenta que la decisión del DHS viola la Ley de Procedimiento Administrativo (APA) al ignorar las condiciones actuales en Venezuela y precedentes judiciales como Ramos v. Nielsen (2018) y Saget v. Trump (2019), que exigen una justificación basada en evidencia para terminar protecciones humanitarias. Además, resalta la incongruencia de esta medida con sanciones previas de EE.UU. contra el régimen de Nicolás Maduro y la reciente extensión del TPS en enero de 2025 por la administración Biden.

Un llamado a la justicia

“La terminación del TPS no solo pone en peligro la vida de miles de venezolanos que huyeron de la persecución, sino que también destroza familias estadounidenses y debilita comunidades enteras”, afirmó José Antonio Colina.

Por su parte, Helene Villalonga agregó: “AMAVEX y VEPPEX luchan por la justicia y la protección de quienes han encontrado refugio en este país. Instamos a la ACLU a preservar el TPS como un salvavidas humanitario esencial.”

Para más información, contactar a:

José Antonio Colina – VEPPEX
Tel: 1-786-436-8269
Email: joseacolina@hotmail.com

Helene Villalonga – AMAVEX
Tel: 1-754-423-1796
Email: amavex.int@gmail.com

PROPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAECASE NO. 3:25-CV-01766 – 1
PRO SE
José Antonio Colina
President of VEPPEX
Protected by the United Nations Convention against Torture
7000 Rue Granville #103, Miami Beach 33141
Phone: 1-786-436-8269
Email: Joseacolina@hotmail.com
Helene Villalonga
President of AMAVEX, INC (Asociación Multicultural de Activistas Voz y Expresión)
8180 NW 36th St Ste. 415
Doral, FL 33166
Phone: 1-754-423-1796
Email: amavex.int@gmail.com
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
NATIONAL TPS ALLIANCE, ET AL.,
PLAINTIFFS,
V.
KRISTI NOEM, IN HER OFFICIAL CAPACITY AS
SECRETARY OF HOMELAND SECURITY, ET AL.,
DEFENDANTS.
Case No. 3:25-cv-1766-EMC
PROPOSED MOTION FOR LEAVE TO FILE
BRIEF OF AMICI CURIAECASE NO. 3:25-CV01766
Date: March 18, 2025

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AMICUS CURIAE BRIEF OF VEPPEX AND AMAVEX IN SUPPORT OF PLAINTIFFS’
Submitted by VENEZOLANOS PERSEGUIDOS POLÍTICOS EN EL EXILIO (VEPPEX) and the
ASOCIACIÓN MULTICULTURAL DE ACTIVISTAS VOZ Y EXPRESIÓN (AMAVEX) To the Honorable
District Court for The Northern District of California, San Francisco Division in the case concerning the cancellation
of Temporary Protected Status (TPS) for Venezuelan nationals.
I. IDENTIFICATION AND INTEREST OF THE AMICI CURIAE
VENEZOLANOS PERSEGUIDOS POLÍTICOS EN EL EXILIO (VEPPEX) and the ASOCIACIÓN
MULTICULTURAL DE ACTIVISTAS VOZ Y EXPRESIÓN (AMAVEX, INC) nonprofit organizations based in
the United States, respectfully request that this Honorable Court accept this Amicus Curiae brief in support of
Venezuelan beneficiaries of Temporary Protected Status (TPS). VEPPEX represents Venezuelans exiled due to
political persecution by the Nicolás Maduro regime, while AMAVEX, INC the oldest Venezuelan-American human
rights advocacy nonprofit in Florida, was established on November 9, 2007, and is a 501(c)(3) nonprofit
organization.
AMAVEX, INC, has played a pivotal role in advancing policy advocacy efforts, successfully mobilizing over
25,000 letters to Congress in support of the original TPS designation for Venezuelans. Additionally, AMAVEX,
INC has been instrumental in legislative initiatives, including the Bolivar Act, which seeks to hold the Maduro
regime accountable for widespread human rights violations. Recognized as a leading advocacy organization for
Venezuelan migrants, AMAVEX, INC has maintained strong engagement with international institutions,
particularly the Organization of American States (OAS), to amplify the voices of displaced Venezuelans.
The importance of international cooperation in protecting the rights of displaced Venezuelans is underscored by
the formal partnership agreement between AMAVEX, INC and the General Secretariat of the Organization of
American States (OAS). This agreement establishes a framework for joint advocacy, policy recommendations, and
support mechanisms for Venezuelan migrants, reinforcing the critical need for legal protections such as TPS. It also
recognizes AMAVEX, INC’s commitment to democracy, human rights, and the promotion of legal status
protections for Venezuelans in the United States, with a particular focus on family unity and reunification of migrant
families

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Our interest in this case lies in safeguarding the human rights of TPS beneficiaries, who face grave and
imminent danger if deported to Venezuela. Many TPS holders have fled systematic repression, extrajudicial
persecution, and economic devastation. Through legal assistance, humanitarian aid, and policy advocacy,
AMAVEX, INC and VEPPEX have witnessed firsthand the dire consequences of returning Venezuelans to a
country plagued by political violence and human rights abuses. For these reasons, we submit this brief to highlight
the legal, humanitarian, and public policy justifications for maintaining TPS protections for Venezuelan migrants in
the United States.
II. SUMMARY OF ARGUMENT
The termination of TPS for Venezuelans is unlawful, arbitrary, and capricious under the Administrative
Procedure Act (APA) and contradicts fundamental humanitarian principles enshrined in U.S. immigration law and
international human rights norms.
If TPS is terminated, Venezuelan nationals will face grave risks upon returning to Venezuela, and their U.S.
citizen children and families will suffer irreparable harm due to the economic, emotional, and legal impact of family
separations and destabilization.
Recent reports from the U.S. Department of State, Human Rights Watch, and other organizations confirm that
conditions in Venezuela have worsened significantly, with state repression, economic collapse, and human rights
violations continuing to escalate. Given these conditions, the termination of TPS contradicts the purpose of 8 U.S.C.
§ 1254a, which mandates protection for individuals unable to safely return to their home country due to
extraordinary conditions.
III. FACTUAL CONTEXT AND BACKGROUND
Venezuela was designated for Temporary Protected Status (“TPS”) in March 2021 by the United States
Department of Homeland Security, recognizing the extraordinary and degrading conditions in Venezuela, including
an unprecedented humanitarian crisis, systematic political repression, and the absence of safety guarantees for
citizens. Since then, thousands of Venezuelans have found refuge in this country, many of whom have used social
media platforms to voice their opposition to the Maduro regime, denounce human rights violations, and advocate for
the restoration of democracy in their homeland

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However, these public expressions—protected under the right to free speech in the United States—make them
specific targets for retaliation by the Venezuelan regime. In particular, Diosdado Cabello, a central figure in the
regime and current Minister of Interior, Justice, and Peace, has consistently demonstrated his willingness to
persecute critics of the government, both within Venezuela and abroad, using the state apparatus to silence dissent.
According to the U.S. Census Bureau’s 2023 data, the Venezuelan population in the United States has grown to
903,153, reflecting a significant increase over previous years. This represents one of the fastest-growing immigrant
populations in the U.S. The State of Florida remains the largest Venezuelan population, with approximately 380,972
individuals, followed by Texas, which is home to around 122,038 Venezuelans. The data confirms that Venezuelans
continue to be a substantial and growing presence in the United States, emphasizing the critical need for continued
legal protections such as TPS. (Source: U.S. Census Bureau, ACS 2023, Table S0201).
A. TPS TERMINATION VIOLATES THE APA AND FAILS TO CONSIDER THE
HUMANITARIAN AND LEGAL REALITIES IN VENEZUELA
Under the Administrative Procedure Act (5 U.S.C. § 706), agency decisions must not be arbitrary or capricious.
Courts have consistently held that the government must provide a rational, evidence-based justification when
rescinding humanitarian protections.
• The 2023 U.S. State Department Human Rights Report on Venezuela documents ongoing extrajudicial
killings, politically motivated detentions, and severe restrictions on freedom of speech and assembly.
• The Simón Bolívar Liberator Law criminalizes support for international sanctions, exposing Venezuelan
TPS holders to severe imprisonment, property confiscation, and even torture upon return.
Although, the United States has issued several executive orders imposing sanctions on Venezuela in response to
concerns over human rights violations, corruption, and anti-democratic actions. Below is a list of key executive
orders:
• Executive Order 13692 (March 8, 2015): Declared Venezuela a national emergency due to the threat
posed to U.S. national security and foreign policy, authorizing sanctions against individuals involved in
human rights abuses, anti-democratic actions, and public corruption.
• Executive Order 13808 (August 24, 2017): Imposed financial sanctions restricting the Venezuelan
government’s access to U.S. financial markets, prohibiting dealings in new debt and equity issued by the
government and its state oil company, PDVSA

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Executive Order 13827 (March 19, 2018): Prohibited transactions involving Venezuela’s digital currency,
the «Petro,» introduced by the Maduro government to circumvent existing sanctions.
• Executive Order 13835 (May 21, 2018): Prohibited transactions related to the purchase of Venezuelan
debt, including accounts receivable, to prevent the Maduro administration from liquidating state assets at
the expense of the Venezuelan people.
• Executive Order 13850 (November 1, 2018): Targeted individuals and entities operating in Venezuela’s
gold sector and authorized sanctions against those complicit in corruption involving Venezuelan
government projects or programs.
• Suspension of U.S.-Venezuela Flights (May 15, 2019): The U.S. Department of Transportation, under the
Trump administration, ordered the suspension of all commercial and cargo flights between the United
States and Venezuela, citing security concerns due to political instability and the ongoing humanitarian
crisis. The decision further isolated Venezuela and limited mobility for Venezuelans seeking refuge or
family reunification.
• Executive Order 13884 (August 5, 2019): Effectively blocked all property and interests in property of the
Venezuelan government within U.S. jurisdiction, representing a significant escalation in economic pressure
against the Maduro regime.
• Designation of Nicolás Maduro as a Major Human Rights Violator (July 31, 2020): The U.S.
Department of State officially designated Nicolás Maduro Moros as a major human rights violator due to
his direct involvement in systemic human rights abuses, including extrajudicial killings, arbitrary
detentions, and suppression of political opposition. This designation reinforced the legal and moral
justifications for existing and future sanctions against the Venezuelan regime. The Department of State on
January 10, 2025, announced raising the reward offer to up to $25 million.
• Executive Order 13962 (January 19, 2021): Targeted additional sectors of the Venezuelan economy,
including the defense and security sectors, to further pressure the Maduro regime.
• Deferred Enforced Departure (DED) for Venezuelans (January 19, 2021): On his last full day in office,
President Donald Trump issued a presidential memorandum granting Deferred Enforced Departure (DED)

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to certain Venezuelan nationals for 18 months. This action provided protection from deportation and work
authorization to eligible Venezuelans residing in the United States.
• Temporary Protected Status (TPS) for Venezuelans (March 8, 2021): The Biden-Harris administration
designated Venezuela for Temporary Protected Status (TPS), allowing Venezuelan nationals residing in the
U.S. as of that date to apply for protection from deportation and work permits for 18 months. This
designation was in response to the humanitarian crisis and political instability in Venezuela.
• Temporary Protected Status (TPS) for Venezuelans (July 2022): The Department of Homeland
Security extended TPS for Venezuelans for an additional 18 months, effective from September 10, 2022, to
March 10, 2024.
• Temporary Protected Status (TPS) for Venezuelans (September 2023): Further support was provided
by expanding the TPS designation, allowing more Venezuelans to access work permits and legal
protection, especially in response to increased migration to major U.S. cities
• Temporary Protected Status (TPS) for Venezuelans (January 10, 2025): President Joe Biden’s
administration announced an 18-month extension of Temporary Protected Status (TPS) for Venezuelan
nationals residing in the United States. This decision aimed to provide continued protection from
deportation and work authorization to eligible Venezuelans, acknowledging the ongoing humanitarian
crisis and political instability in Venezuela that make safe return untenable. The Department of Homeland
Security emphasized that the extension was due to extraordinary and temporary conditions preventing
Venezuelan nationals from safely returning to their home country. This extension was set to benefit
approximately 600,000 Venezuelans living in the U.S., allowing them to maintain legal residency and
employment.
Despite these measures, contrary to the law the second Trump administration took steps to revoke
protections for Venezuelan migrants:
• Temporary Protected Status (TPS) for Venezuelans (February 20, 2025): The Department of
Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Venezuelan
nationals. This decision affects approximately 348,000 Venezuelans, with their TPS benefits set to expire
as early as April 2, 2025.

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In Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018) and Saget v. Trump, 375 F. Supp. 3d 280
(E.D.N.Y. 2019), courts ruled that TPS terminations must meaningfully consider country conditions. By
disregarding these humanitarian concerns, the government’s decision to terminate TPS for Venezuelans is legally
flawed and must be enjoined. The failure to take into account country conditions renders such terminations legally
flawed and subject to judicial review.
B. VULNERABILITY OF U.S. CITIZEN RELATIVES AND THE EXTREME HARDSHIP THEY
WOULD FACE IF TPS IS TERMINATED
a. A. Best Interest of the Child and Family Unity
The U.S. Constitution and federal law recognize the fundamental right to family unity, particularly
when minor U.S. citizen children are involved. The principle of the best interest of the child, deeply
rooted in U.S. jurisprudence, requires that government actions that impact children prioritize their
welfare and development. In Ms. L. v. U.S. Immigration & Customs Enforcement (ICE), 310 F. Supp.
3d 1133 (S.D. Cal. 2018), the court enjoined the government’s practice of family separation, finding it
violated substantive due process rights under the Fifth Amendment.
The Ms. L. decision reinforced that separating children from their parents without due process
constitutes cruel and unconstitutional treatment. The termination of TPS would result in thousands of
Venezuelan parents facing removal while their U.S. citizen children remain in the United States,
leading to forced separations that contradict constitutional protections. The family separation crisis
highlighted in Ms. L. demonstrated the devastating psychological, emotional, and developmental harm
suffered by children when separated from their parents.
b. DUE PROCESS AND FAMILY UNITY UNDER THE FIFTH AND FOURTEENTH
AMENDMENTS
The Fifth Amendment’s Due Process Clause protects U.S. citizens from arbitrary government actions
that deprive them of fundamental rights, including the right to family integrity. The Fourteenth
Amendment guarantees equal protection under the law, ensuring that policies do not disproportionately
harm vulnerable U.S. citizen families or their protected rights

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Courts have long held that government actions affecting fundamental family relationships must be
narrowly tailored and justified by a compelling state interest (Troxel v. Granville, 530 U.S. 57 (2000)).
The sudden termination of TPS for Venezuelans would tear families apart, leaving thousands of U.S.
citizen children and spouses without one or both of their primary caregivers and providers. Courts have
previously recognized that the right to family unity is a compelling interest protected by the
Constitution (Moore v. City of East Cleveland, 431 U.S. 494 (1977)).
• In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court held that immigration enforcement
must not violate constitutional principles, particularly when it would impose undue hardship on
U.S. citizen family members.
• In Plyler v. Doe, 457 U.S. 202 (1982), the Court reaffirmed equal protection for vulnerable
populations, arguing that punitive immigration policies should not unduly harm children.
Forcibly deporting parents and spouses of U.S. citizens without properly considering the hardship on
American families violates substantive due process and fundamental fairness. The termination of TPS
disproportionately harms U.S. citizen children of Venezuelan nationals, further implicating the Equal
Protection Clause of the Fourteenth Amendment. By disregarding the constitutional protections
afforded to U.S. citizen families, the government essentially violate the constitution when it decides to
terminate TPS of parents of U.S. Citizen children, which is unlawful and must be enjoined.
C. ECONOMIC CONTRIBUTIONS OF VENEZUELAN IMMIGRANTS AND THE IMPACT OF
REMOVAL
D.
Venezuelan immigrants have made substantial contributions to the U.S. economy, particularly in Florida,
Texas, and New York. Many have established businesses in hospitality, retail, and professional services,
creating jobs and stimulating economic growth. Their cultural influence has enriched local communities and
bolstered Florida’s economy, where Venezuelans represent a significant and growing demographic.
In Doral, Florida, a city with a large Venezuelan population, Vice Mayor Maureen Porras emphasized that
removing Venezuelan TPS holders would severely impact the local economy. The loss of workers,
entrepreneurs, and consumers would negatively affect real estate, retail, and job creation.
i) Venezuelan Immigrant Contributions to the U.S. Economy

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(1) Population Growth:
• As of 2021, approximately 545,000 Venezuelan immigrants resided in the United States—nearly
tripling since 2010.
• The majority have settled in Florida (51%), Texas (14%), and New York (4%), with significant
concentrations in Miami, Orlando, and Houston.
ii) Educational Attainment & Workforce Participation:
• 57% of Venezuelan immigrants aged 25 and older hold at least a bachelor’s degree, surpassing
both the U.S.-born (35%) and overall immigrant (34%) populations.
• Their labor force participation rate stands at 74%, higher than both the foreign-born (66%) and
native-born (62%) populations, indicating strong engagement in the U.S. workforce.
iii) Economic Impact:
• TPS holders are vital to essential industries, including healthcare, construction, education, and
hospitality.
• Economic studies show that TPS holders contribute billions of dollars to the U.S. economy.
• Their removal would lead to job shortages and increased reliance on public assistance programs.
• Forced deportation of parents would disrupt families, with thousands of U.S. citizen children
facing foster care placement or extreme financial hardship, which will burden state or federal
welfare programs
iv) Tax Contributions & Business Ownership:
• In 2022, immigrant households paid $579.1 billion in total taxes, accounting for nearly one in
every six tax dollars collected by federal, state, and local governments.
• Over 25% of workers in U.S. agriculture and construction industries are immigrants.
• Nearly 23.1% of all STEM workers in the U.S. are foreign-born.
• Households headed by Venezuelan immigrants had a median annual income of $64,000 in 2021,
slightly below the $70,000 median for all immigrant and native-led households.
• Approximately 14% of Venezuelan immigrants lived in poverty in 2021, comparable to the overall
immigrant population and slightly higher than the 13% rate among the U.S.-born population.

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E. PUBLIC POLICY RATIONALE FOR FAMILY UNITY
Family unity is a foundational principle of U.S. immigration law and policy. The removal of TPS holders
would force the separation of thousands of families, violating long-standing legal protections and undermining
the well-being of U.S. citizen children and spouses. Family separation due to deportation has been widely
documented to cause psychological distress, financial instability, and long-term developmental harm to
children.
a) Legal Framework for Family Reunification
• The Immigration and Nationality Act (INA) prioritizes family reunification as a central tenet of U.S.
immigration policy.
• The INA establishes family-sponsored immigration pathways and protects qualifying relatives from
undue separation.
• The United Nations Convention on the Rights of the Child (UNCRC), though not fully ratified by the
U.S., recognizes family unity as a key human rights principle, reinforcing the moral and legal
obligations to prevent forced separations.
b) Child Welfare and Family Integrity Protections
• The Child Citizenship Act of 2000 ensures that eligible children remain with their parents and do not
face unnecessary hardship due to immigration enforcement actions.
• Numerous Supreme Court decisions affirm the constitutional importance of family integrity, including:
o Moore v. City of East Cleveland, 431 U.S. 494 (1977), which recognized family unity as a
fundamental constitutional right.
o Zadvydas v. Davis, 533 U.S. 678 (2001), which held that immigration enforcement must not
impose undue hardship on U.S. citizen family members.
o Plyler v. Doe, 457 U.S. 202 (1982), which reaffirmed that punitive immigration policies
should not unduly harm children.
o Troxel v. Granville, 530 U.S. 57 (2000), which established that the Due Process Clause
protects the fundamental right of parents to make decisions concerning the care, custody, and
control of their children

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c) The Harm of Family Separation and Contradictions to U.S. Policy Commitments
• Terminating TPS would force the separation of thousands of families, directly contradicting the
humanitarian principles of U.S. immigration law.
• U.S. policies, such as Deferred Action for Childhood Arrivals (DACA), the Family Unity Program,
and the Parole in Place program for military families, emphasize keeping families together as a
national interest.
• Research confirms that children who experience parental separation suffer from severe emotional
distress, economic hardship, and educational disruptions:
o The American Psychological Association (APA) has found that children separated from their
parents due to immigration enforcement suffer from post-traumatic stress disorder (PTSD),
anxiety, and depression.
o Studies show that family separation leads to increased poverty rates, housing insecurity, and
reliance on social services among affected children.
o The Urban Institute reports that sudden loss of a parent due to deportation results in severe
academic declines, increasing dropout rates and reducing long-term earning potential.
• The forced deportation of TPS holders would cause irreparable harm to U.S. citizen children, violating
the U.S. government’s obligations under domestic and international human rights principles.
• Historically, the US administration has recognized family unity as a guiding principle in immigration
reform, making the Trump’s administration decision to terminate TPS inconsistent with these policy
commitments.
By terminating TPS, the government would directly harm U.S. citizen children of the parents
facing deportation, thus, contradict its long-standing commitment to family unity, create unnecessary
hardship for thousands of U.S. citizens, and undermine national economic and social stability
a. EXTREME HARDSHIP TO U.S. CITIZEN CHILDREN
The forced separation of TPS recipients would devastate U.S. citizen children, exposing them to
economic instability, emotional trauma, educational disruption, and homelessness and delinquency.

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According to data from the Center for American Progress, more than 270,000 U.S. citizen children live
in households with TPS recipients. Deporting Venezuelan parents would expose these children to:
• FAMILY SEPARATION AND TRAUMA:
o Studies show that children of deported parents suffer long-term emotional distress,
depression, and post-traumatic stress disorder (PTSD).
o In re Adoption of Children by Gaydos, 150 N.J. Super. 78 (1977) reaffirmed that
sudden parental separation causes long-term psychological harm.
• SEVERE ECONOMIC HARDSHIP:
o TPS recipients work in essential industries such as healthcare, construction, and
education.
o TPS holders are homeowners, deporting them would cause significant repercussion
in the housing market where foreclosure will likely rise
o Deportation would force many U.S. citizen children into poverty, violating U.S.
policy commitments to child welfare (Child Citizenship Act of 2000).
o Many TPS families are homeowners and small business owners, meaning
deportation would also destabilize local economies.
• EDUCATIONAL DISRUPTION:
o Many TPS families prioritize their children’s education, and family separation leads
to severe academic setbacks to their U.S. Citizen children.
o Loss of parental support would reduce college enrollment rates and increase dropout
rates among affected children.
The economic, psychological, and educational consequences of family separation
due to TPS termination contradict U.S. policy commitments to family unity, child
welfare, and economic stability. The decision to revoke TPS would not only harm
children and families but also undermine national values and social stability.
F. DEMONSTRATING MATERIALLY CHANGED COUNTRY CONDITIONS IN VENEZUELA

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Recent developments in Venezuela indicate that the country’s conditions have not improved significantly,
countering any assertions to the contrary. The political landscape remains unstable, with the 2024 presidential
election widely criticized for lacking transparency and fairness. International observers, including the Organization
of American States (OAS) and the United Nations, have questioned the legitimacy of President Nicolás Maduro’s
re-election, citing evidence of electoral fraud and suppression of opposition candidates.
The humanitarian and political crisis in Venezuela continues to deteriorate, making the safe return of TPS
beneficiaries impossible. The Maduro regime’s intensified repression, coupled with an economic collapse, has led to
systematic human rights violations and increased persecution of political dissidents.
• The 2023 U.S. State Department Human Rights Report details ongoing extrajudicial killings, politically
motivated detentions, and severe restrictions on speech and assembly.
• The Simón Bolívar Liberator Law criminalizes support for international sanctions, directly exposing
returnees to imprisonment, property confiscation, and torture.
• Reports from international organizations, including the United Nations, Amnesty International, and
the Organization of American States (OAS), document the worsening crisis, including food insecurity,
lack of medical supplies, and state-sanctioned violence.
• The International Criminal Court (ICC) continues investigations into crimes against humanity
committed by the Maduro regime, reinforcing the argument that returnees would face immediate danger.
The economic situation continues to be precarious. While there was a modest GDP growth of 4-6% in 2024,
primarily due to increased oil production, this recovery is fragile. The recent revocation of Chevron’s license to
operate in Venezuela by the U.S. administration is expected to reduce oil output by approximately 150,000 barrels
per day, significantly impacting national revenue. This development underscores the vulnerability of Venezuela’s
economy to external factors and sanctions.
Social unrest persists, with widespread protests erupting in January 2025 against Maduro’s inauguration. These
demonstrations have been met with increased repression, leading to numerous arrests of political opponents and
activists. The government’s actions have drawn international condemnation, highlighting ongoing human rights
concerns.

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In summary, current reports from reputable sources and the daily news indicate that Venezuela continues to face
significant political, economic, and social challenges. The TPS designation for Venezuelans remains a necessary
humanitarian measure, and there is no credible evidence linking it to national security risks.
G. NO CREDIBLE NATIONAL SECURITY RISK FROM THE VENEZUELAN TPS DESIGNATION
Regarding national security implications that have been blatantly discriminatory for the Venezuelan community
labeling them as criminals and members of the gang “Tren de Aragua” invading the US, there is no substantial
evidence to suggest that the Temporary Protected Status (TPS) designation for Venezuelans poses a risk to U.S.
national security. TPS is a humanitarian program designed to protect individuals from countries experiencing armed
conflict, environmental disasters, or extraordinary conditions that prevent safe return. The primary intent is to
provide temporary refuge and work authorization to eligible individuals, without compromising national security.
The assertion that the designation of Temporary Protected Status (TPS) for Venezuelans presents a national
security risk is unfounded and unsupported by evidence. U.S. immigration laws impose strict vetting and
security protocols on TPS applicants, ensuring that individuals who pose a security or criminal threat do not
receive TPS protection.
a. Rigorous Background Checks and Criminal Ineligibility
Regarding national security implications that have been blatantly discriminatory for the Venezuelan
community labeling them as criminals and members of the gang “Tren de Aragua” invading the US, there
is no substantial evidence to suggest that the Temporary Protected Status (TPS) designation for
Venezuelans poses a risk to U.S. national security. TPS is a humanitarian program designed to protect
individuals from countries experiencing armed conflict, environmental disasters, or extraordinary
conditions that prevent safe return. The primary intent is to provide temporary refuge and work
authorization to eligible individuals, without compromising national security.
Before being granted TPS, every applicant must pass an extensive background check conducted by
the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and
other relevant federal agencies. These checks include:
• FBI name and fingerprint background checks.

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• Screening through DHS and Interpol databases
• Review of any criminal records, including local, state, and federal law enforcement
agencies
• Verification against national security watchlists
Importantly, under 8 U.S.C. § 1254a(c)(2)(B)(INA § 244(c)(2)(B)), an individual is barred from
receiving TPSif they:
1. Have been convicted of a felony or two or more misdemeanors committed in the United
States;
2. Are found to be inadmissible on national security grounds, including involvement in terrorism
or criminal organizations;
3. Have participated in persecution of others or engaged in human rights violations;
4. Fail to meet the continuous physical presence and residency requirements.
b. Historical Precedent Shows No Link to National Security Threats
Since its inception in 1990, the TPS program has never been linked to a national security crisis.
Countries such as El Salvador, Haiti, Syria, and Ukraine have had TPS designations for years without
evidence of posing a systemic national security risk. Venezuelan TPS beneficiaries are no different.
Furthermore, the Department of State and independent analysts have found no credible
evidence linking Venezuelan TPS holders to organized crime, terrorism, or threats to national
security. Venezuelans who obtain TPS are overwhelmingly law-abiding individuals fleeing government
persecution, economic collapse, and human rights abuses.
H. IMPACT OF THE ALIEN ENEMIES ACT AND NATIONAL SECURITY
CONCERNS
In March 2025, the President invoked the Alien Enemies Act to address the perceived invasion of the
United States by the Tren de Aragua, a transnational criminal organization originating from Venezuela. The
invocation of this rarely used statute reflects a growing national security concern surrounding criminal
elements associated with Venezuela. However, the sweeping application of the Act risks unjustly targeting

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law-abiding Venezuelan TPS holders who have made significant contributions to the U.S. economy and
society.
The Alien Enemies Act grants the executive branch broad discretionary powers over nationals from
designated enemy states, raising significant constitutional concerns when applied to individuals who have
established deep ties to the United States. This measure must not be used as a pretext to dismantle
humanitarian protections such as TPS, especially when the Venezuelan TPS population consists largely of
individuals fleeing persecution rather than engaging in criminal conduct. Courts have previously ruled that
immigration policies must not be arbitrary or punitive in nature (Zadvydas v. Davis, 533 U.S. 678 (2001)),
and any enforcement actions must align with constitutional due process protections.
The use of the Alien Enemies Act in this context also contradicts longstanding U.S. commitments to
international refugee and humanitarian protections, particularly the principle of non-refoulement under the
1951 Refugee Convention. The designation of Venezuelan TPS holders as potential security threats without
individualized assessments risks violating due process and equal protection rights under the Fifth and
Fourteenth Amendments.
I. EVIDENCE OF PERSECUTION FOR SOCIAL MEDIA ACTIVITY
The Maduro regime has implemented a surveillance and repression system that includes monitoring social
media to identify and punish critics. Reports from organizations such as Amnesty International and Human Rights
Watch have documented cases of arbitrary detentions, torture, and forced disappearances of Venezuelan citizens due
to their online posts. TPS beneficiaries who have used their social media accounts to denounce the regime—whether
through direct criticism, support for the opposition, or dissemination of information about the fraudulent elections of
July 28, 2024—would not be exempt from this pattern.
a. DIOSDADO CABELLO’S ROLE AS AN ENFORCER OF REPRESSION
Diosdado Cabello, one of the most influential leaders of Chavismo and known for his hardline stance,
has been identified by international organizations and foreign governments as a key actor in the regime’s
repressive machinery. As Minister of Interior, he has direct control over security forces, including the
General Directorate of Military Counterintelligence (DGCIM) and the Bolivarian National Intelligence
Service (SEBIN), both responsible for severe human rights violations. Cabello also hosts the television

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program Con El Mazo Dando, where he routinely threatens opponents and exposes personal information
about critics, including those abroad. If TPS beneficiaries are deported, they are likely to be met by forces
under his command, facing immediate detention and severe reprisals.
b. CONSEQUENCES OF RECENT PROTESTS
The protests following the July 28, 2024 elections—widely regarded as fraudulent by the international
community—have intensified repression in Venezuela. Thousands of demonstrators have been detained,
and the regime has vowed to punish those who challenge its legitimacy, including Venezuelans abroad who
have supported these mobilizations via social media. Deporting TPS beneficiaries would expose them
directly to this climate of state-sponsored violence, where due process is nonexistent, and charges such as
“treason” or “terrorism” are used to justify disproportionate penalties.
J. UNITED STATES’ INTERNATIONAL OBLIGATIONS UNDER NON-REFOULEMENT
The principle of non-refoulement, enshrined in the 1951 Refugee Convention and other human rights
instruments, prohibits returning individuals to countries where they face risks of persecution or serious harm.
Canceling TPS would violate this principle, given the clear and present danger that Venezuelan critics of the regime
would face upon return to Venezuela.
Under 8 U.S.C. § 1231(b)(3), U.S. law prohibits the removal of individuals to countries where they would more
likely than not face persecution based on a protected ground. This statutory safeguard aligns with the United States’
commitments under the 1951 Refugee Convention and its 1967 Protocol. The relief mechanism, termed
“withholding of removal,” imposes a more stringent evidentiary burden than asylum, requiring a higher probability
of harm. However, once an applicant meets this threshold, the grant of protection is mandatory, subject only to
narrowly defined exceptions.
The United States has officially recognized Nicolás Maduro as a dictator1
and a criminal, condemning his
regime for systematic human rights violations, political persecution, and widespread corruption. Sending
1 U.S. DEPARTMENT OF THE TREASURY, 2017. Treasury Sanctions the President of
Venezuela. Available at: https://web.archive.org/web/20170801154443/https://www.treasury.gov/press-center/pressreleases/Pages/sm0137.aspx

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Venezuelan nationals back to a country ruled by a government that the U.S. itself acknowledges as illegitimate and
oppressive contradicts U.S. foreign policy and fundamental human rights principles.
The Venezuela 2023 Human Rights Report from the U.S. Department of State2 provides ample evidence of the
dangers faced by returnees. It documents numerous extrajudicial killings, enforced disappearances, and arbitrary
detentions targeting political opponents, activists, and individuals perceived as dissidents. Domestic human rights
organizations recorded at least 63 disappearances between January and March in border states, with additional cases
reported in subsequent months. Security forces and criminal groups, often operating with the complicity of Maduroaligned authorities, were identified as primary perpetrators.
3
The acknowledgment that Maduro’s authoritarian regime poses a serious threat, coupled with the attempt to
rescind Temporary Protected Status (TPS) for Venezuelans with existing removal orders, directly contradicts the
Convention Against Torture (“CAT”). Under CAT, the U.S. government is prohibited from deporting a noncitizen to
a country where there is a greater than 50% chance they will face torture. This obligation, codified in 8 U.S.C. §
1231 note, ensures that individuals are not forcibly returned to environments where they would be subjected to
inhumane treatment or persecution.
Moreover, the report highlights that Maduro’s security apparatus routinely employs torture and other cruel,
inhuman, and degrading treatment against detainees, including arbitrary arrests, forced disappearances, and
prolonged solitary confinement. The continued repression of civil society, political opposition, and independent
media further demonstrates that Venezuela remains an unsafe country for those who have spoken out against the
regime.
Given this overwhelming evidence, forcing Venezuelan TPS holders to return would place them at extreme risk
of persecution, torture, and disappearance, violating the United States’ international obligations under the principle
of non-refoulement. To deport individuals under these conditions would not only be morally indefensible but also
legally impermissible under international human rights law and U.S. treaty commitments.
2 U.S. DEPARTMENT OF STATE, 2024. Venezuela 2023 Human Rights Report. Available at:
https://www.state.gov/wp-content/uploads/2024/02/528267_VENEZUELA-2023-HUMAN-RIGHTS-REPORT.pdf
3
Id.

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IV. REQUEST TO THE COURT
For the reasons outlined above, VEPPEX and AMAVEX respectfully request that this Honorable Court to
consider the evidence of systematic persecution by the Maduro regime, particularly under Diosdado Cabello’s
direction, against those exercising free expression on social media. Recognize the imminent risk of severe
reprisals—including arbitrary detention, torture, and death—for TPS beneficiaries if deported.
Uphold Temporary Protected Status for Venezuelans, consistent with the humanitarian obligations and values of
justice of the United States.
V. CONCLUSION
Terminating TPS contradicts U.S. policy commitments and creates unnecessary family separations,
undermining national interests. Canceling TPS would not only endanger the lives and liberty of thousands of
Venezuelans but also implicitly signal tolerance toward a regime that brutally represses its citizens. We urge this
Court to protect those who have found in this country a refuge to raise their voices against tyranny, preventing them
from being handed over to their persecutors.
For the foregoing reasons, VEPPEX and AMAVEX respectfully urge this Court to grant relief in favor of
Plaintiffs and enjoin the termination of TPS for Venezuelans. The ongoing humanitarian crisis in Venezuela, the
severe risks faced by returnees, and the constitutional vulnerabilities imposed on U.S. citizen relatives demonstrate
that terminating TPS is both unlawful and inhumane
Respectfully submitted,
Date: March 18, 2025
Helene Villalonga
President of AMAVEX, INC (Asociación
Multicultural de Activistas Voz y
Expresión)
8180 NW 36th St Ste. 415
Doral, FL 33166
Phone: 1-754-423-1796
Email: amavex.int@gmail.com
PRO SE
José Antonio Colina
President of VEPPEX
Protected by the United Nations
Convention against Torture
7000 Rue Granville #103, Miami Beach
33141
Phone: 1-786-436-8269
Email: Joseacolina@hotmail.com

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