San Francisco, California — A federal appeals court ruled Wednesday that Homeland Security Secretary Kristi Noem acted unlawfully when she terminated Temporary Protected Status (TPS) for hundreds of thousands of immigrants from Venezuela and Haiti, concluding that federal law does not permit ending an existing designation in the manner she pursued.
In a decision from the 9th U.S. Circuit Court of Appeals, a three-judge panel upheld a lower court ruling finding that Noem exceeded her statutory authority under the Immigration Act of 1990. The court said the TPS statute allows the secretary to extend or redesignate protections but does not authorize vacating an active designation before its expiration.
Writing for the panel, Judge Kim Wardlaw said the law includes procedural safeguards intended to provide stability and predictability for TPS holders during extraordinary conditions. She wrote that Noem’s actions “had real and significant consequences,” citing deportations and detentions of Venezuelan and Haitian nationals who had been legally living and working in the United States.
Judge Salvador Mendoza Jr. wrote separately that the record showed “ample evidence of racial and national origin animus,” concluding that the decisions were rooted in stereotype-based reasoning rather than genuine policy considerations. The panel noted ongoing crises in both countries, including political instability, hunger, and gang violence.
Despite the ruling, the decision has no immediate practical effect. The U.S. Supreme Court previously allowed Noem’s termination of TPS to proceed while litigation continues. Protections for Haiti are currently set to expire on February 3, with additional court action pending in Washington.
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