**Federal Court Rules Ending Venezuelan TPS Was Illegal**
Key Takeaways:
- A federal appeals court ruled that ending Temporary Protected Status (TPS) for Venezuelans was unlawful.
- The decision challenges the authority of Homeland Security Secretary Kristi Noem.
- The Supreme Court had earlier allowed the TPS termination to proceed temporarily.
Washington, D.C. — The federal appeals court’s decision on the overturning of the Trump administration’s move to end Temporary Protected Status (TPS) for Venezuelans is now trending across the nation. The ruling, delivered late Wednesday by the 9th U.S. Circuit Court of Appeals, found that Homeland Security Secretary Kristi Noem exceeded her authority in ending TPS protections, branding the action as illegal.
Federal Judges Challenge DHS Authority
The court upheld a previous ruling that struck down the termination of TPS for both Venezuelan and Haitian nationals residing in the U.S. under the humanitarian program. The decision stems from a review of Secretary Noem’s actions, which the three-judge panel concluded were outside the legal framework laid out by Congress under the Immigration Act of 1990. The judges — Kim Wardlaw, Salvador Mendoza Jr., and Anthony Johnstone — all appointed by Democratic presidents, asserted that the DHS secretary does not have unilateral power to revoke an existing TPS designation without adhering to statutory guidelines.
According to the ruling, “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.” The panel also found evidence suggesting the termination was motivated by discriminatory bias toward immigrants from Venezuela and Haiti, rather than grounded policy considerations.
Why TPS for Venezuelans Matters Now
Temporary Protected Status (TPS) has been a critical safeguard for individuals escaping dire circumstances in their home nations. Venezuela, in particular, has faced years of economic instability, political repression, and widespread poverty. Millions of Venezuelans have fled the country due to hyperinflation, hunger, and civil unrest. The TPS program, authorized by the 1990 Immigration Act, permits the DHS secretary to offer legal status and work authorization to individuals who cannot safely return to countries affected by natural disasters, war, or other extraordinary conditions.
In 2021, the U.S. granted TPS to Venezuelans due to the ongoing crisis under President Nicolás Maduro. Despite continued hardship, Secretary Noem announced the termination of TPS in 2023, claiming conditions had improved and the program was being misused as a “backdoor” form of residency. Critics challenged the move, citing ongoing political violence and humanitarian issues in Venezuela. This week’s ruling highlights just how contentious immigration and humanitarian protections have become under shifting federal policies and optics.
Implications for Immigrant Families and U.S. Policy
Though the appeals court decision is a legal setback for the administration, it does not immediately reinstate protections. In October, the U.S. Supreme Court allowed the TPS terminations to remain in effect while it reviews the case — meaning current TPS holders still face the risk of deportation. The status of about 400,000 individuals from Venezuela and Haiti remains in limbo, raising alarm among immigration advocates and attorneys.
Further complicating matters, a separate case in D.C. could soon determine whether the TPS termination for Haiti will be delayed while lawsuits continue. That decision is expected within days as Haiti’s designation is scheduled to end on February 3, 2026. Independent of the final legal outcome, activists underline the real-world consequences of policy fluctuation — including detentions, deportations, job losses, and broken families.
The Department of Homeland Security has not commented publicly on the ruling as of yet. Legal observers widely expect the challenge to return to the Supreme Court for a definitive ruling on the extent of executive authority over TPS programs. For now, immigrant communities and advocacy groups remain in legal uncertainty, pressuring the Biden administration to take concrete action to restore protections while litigation continues.
Frequently Asked Questions
Q: Why is Venezuelan TPS trending?
A: A federal appeals court ruled that the Trump administration’s effort to terminate protected status for Venezuelans was illegal, sparking nationwide interest.
Q: What happens next?
A: While the ruling is a win for immigration advocates, the Supreme Court’s temporary allowance of the TPS termination remains in place until it makes a final decision.
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