In brief
On Wednesday, a federal appeals court ruled that the Trump administration acted unlawfully in ending temporary protected status (TPS) for Venezuelans and Haitians, asserting that it exceeded its authority. Despite this ruling, the practical application remains uncertain as the U.S. Supreme Court has allowed the decision to take effect pending a review. The ruling underscores the critical nature of TPS for individuals fleeing dire conditions in their home countries.
A federal appeals court ruled late Wednesday that the Trump administration acted illegally when it ended legal protections that granted temporary protected status (TPS) to hundreds of thousands of Venezuelans, allowing them 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 in terminating TPS for Venezuelans and Haitians.
Although the ruling is significant, it may not have immediate practical effects, as the U.S. Supreme Court recently allowed Noem’s decision to terminate TPS to take effect while awaiting a final decision. Furthermore, the court supported the earlier finding that Noem also exceeded her authority by ending TPS for Haitians.
Ninth Circuit Judges Kim Wardlaw, Salvador Mendoza, Jr., and Anthony Johnstone stated that the TPS legislation did not empower the secretary to revoke existing TPS designations. All three judges were nominated by Democratic presidents.
Judge Wardlaw remarked, 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. She noted that Noem's unlawful actions had severe consequences for many Venezuelans and Haitians in the U.S.
Temporary Protected Status, established under the Immigration Act of 1990, allows individuals fleeing unsafe conditions in their home countries to remain in the U.S. for limited time periods, with opportunities for extensions as conditions persist. While TPS protects holders from deportation and permits them to work, it does not offer a pathway to citizenship.
Noem justified her decision by claiming that conditions in Haiti and Venezuela had improved, arguing that it was in the national interest to terminate the protections. However, evidence points to a dire situation for both nationalities, with many Venezuelans escaping severe crisis fueled by political instability and economic collapse, while Haitians continue to deal with rampant gang violence and the aftermath of devastating earthquakes.
Judge Mendoza expressed concerns about racial and national origin animus influencing Noem's decision, asserting that there was significant evidence to suggest her motivations were not grounded in substantial policy considerations.
The ruling reaffirms TPS's essential role for many individuals seeking refuge in the U.S. amid ongoing humanitarian crises in their home countries, ensuring they can remain productive members of society.
