• The three-judge panel found that Congress did not give the homeland security secretary power to vacate existing TPS designations established by a prior administration
• One judge cited "ample evidence of racial and national origin animus" in his concurring opinion, calling Secretary Noem's reasoning "pretextual"
• The ruling has no immediate practical effect because the Supreme Court allowed Noem's termination to proceed in October while justices consider the case

WASHINGTON, D.C. (TDR) — A federal appeals court ruled late Wednesday that the Trump administration acted illegally when it ended Temporary Protected Status for an estimated 600,000 Venezuelans, finding that Homeland Security Secretary Kristi Noem exceeded her authority in terminating the protections.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling from U.S. District Judge Edward Chen finding the secretary lacked statutory power to vacate Biden-era TPS designations. However, the ruling has no immediate practical effect, as the U.S. Supreme Court in October allowed Noem's actions to proceed while justices consider the case.

"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."

Court Finds Secretary Exceeded Statutory Authority

Ninth Circuit Judges Kim Wardlaw, Salvador Mendoza Jr., and Anthony Johnstone ruled unanimously that the TPS legislation passed by Congress did not give the secretary power to vacate an existing TPS designation. All three judges were nominated by Democratic presidents.

Writing for the panel, Judge Wardlaw emphasized that Noem's actions have had significant consequences for Venezuelan and Haitian migrants who relied on the program.

"The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS."

The panel also upheld Judge Chen's finding that Noem exceeded her authority ending TPS early for hundreds of thousands from Haiti. A federal judge in Washington is expected to rule soon on Haiti's designation, scheduled to end February 3.

Concurring Opinion Cites Evidence of Racial Animus

In a separate concurring opinion, Judge Mendoza wrote that there was "ample evidence of racial and national origin animus" reinforcing the lower court's conclusion that Noem's decisions were preordained and pretextual.

"It is clear that the Secretary's vacatur actions were not actually grounded in substantive policy considerations or genuine differences with respect to the prior administration's TPS procedures, but were instead rooted in a stereotype-based diagnosis of immigrants from Venezuela and Haiti as dangerous criminals or mentally unwell."

Attorneys for the government have argued the secretary has clear authority over TPS program determinations and that those decisions are not subject to judicial review. The administration has denied Noem's actions were motivated by racial animus.

Supreme Court Previously Sided with Administration

The ruling sets up a continued legal battle that has already reached the nation's highest court twice. In May 2025, the Supreme Court first stayed Judge Chen's preliminary order. Then in October, after Chen issued a final ruling finding the termination unlawful, the justices again sided with the administration 6-3 along ideological lines.

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The court's three Democratic appointees—Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—dissented. Justice Jackson wrote that the court had used its power "to allow this Administration to disrupt as many lives as possible, as quickly as possible."

What TPS Protections Provided

Temporary Protected Status, authorized by Congress in 1990, allows the Homeland Security secretary to grant legal status to people fleeing countries experiencing civil strife or environmental disaster. The status prevents deportation and allows holders to work legally, but does not provide a path to citizenship.

Venezuelans were first granted TPS in 2021, with a second designation in 2023. Just before leaving office, the Biden administration extended protections through October 2026 for approximately 600,000 beneficiaries.

Administration Argues Conditions Have Improved

In ending the protections, Noem said conditions in both Haiti and Venezuela had improved and it was not in the national interest to allow immigrants to remain under a temporary program. The administration argued TPS created a "magnet effect" for illegal migration.

"Temporary Protected Status was always supposed to be just that: Temporary. Yet, previous administrations abused, exploited, and mangled TPS into a de facto amnesty program."

Venezuela Crisis Conditions Persist

Critics counter that Venezuela remains in crisis, mired in political unrest, mass unemployment, and widespread hunger brought on by years of hyperinflation and political corruption. The State Department continues to warn against travel to Venezuela due to risks of wrongful detentions, terrorism, kidnapping, and civil unrest.

The Department of Homeland Security did not immediately respond to requests for comment.

Will this appeals court ruling prove to be a symbolic victory for immigrant advocates—or could it influence the Supreme Court's final decision on TPS termination?

Sources

This report was compiled using information from NBC News coverage of the 9th Circuit ruling, CBS News reporting on the appeals court decision, Fox News coverage of the ruling, SCOTUSblog analysis of the Supreme Court decision, CNN reporting on TPS termination, official DHS statements on the Supreme Court victory, USCIS TPS program information, Axios coverage of Venezuelan deportations, WLRN reporting on Democratic lawmakers' response, Caracas Chronicles analysis of the TPS saga, and National Immigration Forum TPS fact sheet.

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