Migrants in the U.S. on so-called Temporary Protected Status (TPS) are now suing the Trump administration in a last-ditch effort to stop deportations, claiming that President Trump and DHS Secretary Kristi Noem are motivated by racism as they end the decades-old “temporary” program.

The lawsuit, filed by the National TPS Alliance, argues that terminating TPS for migrants from Honduras, Nicaragua, and Nepal is racially motivated and violates the Fifth Amendment. The group claims the administration’s move will leave tens of thousands at risk of deportation while stripping them of the ability to live and work in the United States legally.

Earlier this week, Secretary Noem announced the termination of TPS for tens of thousands of Honduran and Nicaraguan nationals living in the U.S., following a similar move last month ending TPS for Nepalese migrants. The Trump administration argues that TPS, which was intended to be a short-term humanitarian measure, has been abused for decades, effectively turning into a backdoor amnesty program that previous administrations expanded without end.

“The Secretary’s termination of TPS for Honduras, Nepal, and Nicaragua is part of an illegal effort to eliminate existing TPS designations, and the legal status and employment authorization TPS provides for eligible beneficiaries, regardless of whether the statutory requirements for TPS termination are met,” the lawsuit claims.

The migrants and their attorneys are arguing that Trump and Noem’s actions are unconstitutional under the Due Process Clause of the Fifth Amendment, alleging that the decisions are “motivated at least in part by intentional race and national-origin-based animus.” The lawsuit references past statements by Trump and members of his administration regarding non-white, non-European migrants as evidence of alleged bias in the decision to end TPS.

Since its inception under the Clinton administration, TPS has allowed hundreds of thousands of migrants to remain in the U.S. for years—often decades—despite the “temporary” nature of the designation. Each new administration has typically extended protections, even when conditions in the migrants’ home countries have stabilized enough for return.

The Trump administration, however, has made it clear that it views TPS as one of many broken elements of the U.S. immigration system and sees the program’s abuse as a symbol of the government’s failure to enforce immigration laws. Ending TPS for these countries is a key part of the administration’s broader plan to restore integrity to immigration enforcement and reduce incentives for illegal migration.

Secretary Noem’s announcement comes amid a broader crackdown on illegal immigration, with the administration moving forward on plans for mass deportations and a reassertion of federal immigration law, particularly in states and cities that have defied cooperation with federal authorities. Trump officials have argued that returning TPS to its original intent is a matter of enforcing the law, not racial discrimination.

The National TPS Alliance’s lawsuit, filed in the U.S. District Court for the Northern District of California, is asking the court to rule that DHS’s decision to end TPS for these groups is unlawful under the Administrative Procedures Act and unconstitutional under the Fifth Amendment. The case, National TPS Alliance v. Noem, could become a high-profile legal battle over the administration’s power to enforce immigration laws without judicial interference.

This lawsuit comes as Trump’s broader deportation push is gaining traction among voters. Recent polling shows strong public support for enforcing immigration laws and ending policies that encourage prolonged illegal stays in the United States under the guise of “temporary” status.

While activists and progressive groups frame the lawsuit as a defense of vulnerable migrants, Trump supporters and many Americans view it as yet another attempt to undermine border enforcement and the rule of law. As the legal fight unfolds, it will test whether the courts will once again intervene to block Trump’s efforts to secure the border—or allow the administration to finally close a loophole that has turned into a pipeline for permanent illegal residency.