A federal appeals court delivered a significant ruling Wednesday declaring the Trump administration’s termination of Temporary Protected Status (TPS) for Venezuelan and Haitian immigrants unlawful. The Ninth Circuit Court of Appeals determined that Homeland Security Secretary Kristi Noem exceeded her statutory authority when revoking legal protections that enabled hundreds of thousands of migrants to reside and work legally in the United States.
The three-judge panel upheld a lower court’s finding that Noem lacked congressional authorization to vacate existing TPS designations. Judge Kim Wardlaw, writing for the panel, emphasized that TPS legislation contains “numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country.”
Despite the landmark legal decision, practical implementation remains suspended pending a final Supreme Court ruling. The nation’s highest court previously allowed Noem’s termination decision to take effect in October while justices consider the case.
The ruling highlighted severe consequences for affected communities, noting that “hard-working, contributing members of society” including “mothers, fathers, wives, husbands, and partners of U.S. citizens” faced deportation and detention after losing protected status. The court found substantial evidence that racial and national origin animus influenced the termination decisions, characterizing them as “preordained” with “pretextual” reasoning.
TPS, established through the Immigration Act of 1990, grants temporary legal status to individuals fleeing countries experiencing civil strife, environmental disasters, or other extraordinary conditions. The program provides protection from deportation and work authorization but does not create a pathway to citizenship.
The Department of Homeland Security maintained that improved conditions in Venezuela and Haiti justified the terminations, arguing the secretary possesses broad authority over TPS determinations. Government attorneys denied allegations of racial motivation behind the decisions.