In brief
A federal court decision has affirmed that the Trump administration exceeded its authority in terminating Temporary Protected Status (TPS) for Venezuelans and Haitians, granting them legal grounds to live and work in the U.S. The 9th Circuit's ruling states that Secretary Kristi Noem's actions denied a protective status established by Congress. Nevertheless, the practical effects of this ruling remain pending due to the Supreme Court's earlier decision allowing the termination to continue while it considers a broader appeal. The implications of this ruling provide hope to many families impacted by the decisions surrounding TPS.
A federal appeals court ruled late Wednesday that the Trump administration acted illegally when it ended legal protections that gave hundreds of thousands of people from Venezuela permission to live and work in the United States.
A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found Homeland Security Secretary Kristi Noem exceeded her authority when she ended temporary protected status for Venezuelans.
The decision, however, will not have any immediate practical effect after the U.S. Supreme Court in October allowed Noem’s decision to take effect pending a final decision by the justices.
The 9th Circuit panel also upheld the lower court’s finding that Noem exceeded her authority when she decided to end TPS early for hundreds of thousands of people from Haiti.
Ninth Circuit Judges Kim Wardlaw, Salvador Mendoza, Jr. and Anthony Johnstone stated that the TPS legislation did not give the secretary the power to vacate an existing TPS designation.
“The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary conditions in their home country,” Wardlaw wrote.
Noem’s actions have had significant consequences for Venezuelans and Haitians who rely on TPS, impacting families and communities throughout the United States. As of now, the TPS designation for Haiti is scheduled to end on February 3, pending ongoing legal proceedings.
In ending the protections, Noem stated that conditions in both Haiti and Venezuela had improved and prioritizing national interest was her goal. However, millions of Venezuelans continue to flee the country due to political unrest and economic crises, while Haitians struggle with gang violence and poverty.
