A federal appeals court ruled that the Trump administration acted illegally when it ended Temporary Protected Status (TPS) for hundreds of thousands of people from Venezuela. The 9th U.S. Circuit Court of Appeals said Homeland Security Secretary Kristi Noem exceeded her legal authority by terminating the protections early.
Limited immediate impact
Despite the ruling, the decision will not immediately change conditions for TPS holders. The U.S. Supreme Court previously allowed the administration’s termination of TPS to proceed while the case continues.
Haiti protections also questioned
The court also upheld a lower court’s finding that Noem improperly ended TPS protections for Haitian nationals. A separate federal judge is expected to rule soon on whether to pause Haiti’s TPS termination, which is currently set to expire on February 3.
Judges cite congressional limits
The three-judge panel said federal law does not allow the Homeland Security secretary to vacate an existing TPS designation without following required procedures. Judge Kim Wardlaw wrote that the law was designed to provide stability and predictability for people fleeing extraordinary conditions.
Human consequences highlighted
The court noted that the termination of TPS led to deportations and detentions of long-term residents with no criminal records, many of whom have U.S. citizen family members and pay taxes.
Dispute over motive
In a separate opinion, Judge Salvador Mendoza Jr. said evidence suggested racial and national origin bias influenced the decisions, calling the administration’s reasoning “pretextual.” Government attorneys deny the claim, arguing the secretary has broad authority over TPS decisions.
What’s next
The legal fight over TPS protections for Venezuelans and Haitians is expected to continue, with future rulings likely to determine whether the protections are fully restored or permanently ended.
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