Appeals Court Finds Termination of TPS for Venezuelans and Haitians Unlawful
A recent decision by a federal appeals court has declared the Trump administration’s cessation of temporary protected status (TPS) for Venezuelans as illegal. This ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals supports a prior judgment that Homeland Security Secretary Kristi Noem had overstepped her authority.
The court’s decision, however, will not immediately reverse the effects, as the U.S. Supreme Court had previously allowed Noem’s decision to proceed while awaiting a final verdict. The Department of Homeland Security has yet to respond to inquiries made late Wednesday.
In addition to the ruling on Venezuelan TPS, the 9th Circuit also confirmed that Noem unlawfully attempted to terminate TPS for Haitians. A related case in Washington is pending a decision on whether to pause Haiti’s TPS termination, set for February 3, while a separate lawsuit continues.
Judges Kim Wardlaw, Salvador Mendoza, Jr., and Anthony Johnstone participated in the ruling, all appointed by Democratic presidents. They concluded that TPS laws do not empower the secretary to nullify existing designations. “The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country,” Wardlaw stated, highlighting the real consequences faced by TPS holders due to Noem’s actions.
Wardlaw noted that many TPS holders, who are integral members of society, have been negatively impacted, emphasizing, “The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS.”
Temporary Protected Status, or TPS, originated from the Immigration Act of 1990, permits the Homeland Security secretary to grant legal status to individuals from countries undergoing severe conditions, such as civil unrest or natural disasters. TPS offers temporary protection from deportation and work authorization but does not provide a citizenship pathway. These designations can last from six to 18 months and may be extended if conditions warrant.
Noem justified ending TPS for both Haiti and Venezuela, citing improvements in conditions and arguing that continued protection was not in the national interest. Venezuela remains in turmoil, plagued by political instability and economic challenges, while Haiti continues to grapple with the aftermath of a devastating 2010 earthquake, along with current issues of hunger and violence.
Judge Mendoza expressed that there was significant evidence suggesting racial bias influenced Noem’s decisions, describing them as “preordained and her reasoning pretextual.” He contended that Noem’s actions were not truly based on policy differences but were instead “rooted in a stereotype-based diagnosis of immigrants from Venezuela and Haiti as dangerous criminals or mentally unwell.”
Government lawyers maintain that the secretary possesses broad authority over TPS decisions, which they argue are not subject to court review, and deny any racial motivation behind Noem’s actions.
