Federal Appeals Court Rules Against DHS Secretary’s Decision on Venezuelan TPS

On Wednesday evening, a federal appeals court concluded that Department of Homeland Security (DHS) Secretary Kristi Noem acted unlawfully when she revoked temporary legal protections for numerous Venezuelans, permitting them to live and work in the U.S.

A three-judge panel from the 9th U.S. Circuit Court of Appeals supported a prior court’s decision, which asserted that Noem exceeded her authority by terminating Temporary Protected Status (TPS) for Venezuelans that had been designated during the Biden administration. Notably, all judges on the panel were appointed by Democratic presidents.

This ruling emerges amid assertions from the Trump administration, claiming that TPS for Venezuelans has attracted illegal migration and undermined border security. TPS offers qualifying immigrants protection from deportation and the right to work legally in the U.S. while their home country is regarded as unsafe.

The panel also confirmed a lower court’s finding that Noem acted beyond her authority when she aimed to end TPS for many Haitians prematurely.

In her remarks, Judge Kim Wardlaw, who was appointed by President Bill Clinton, emphasized that the law includes protective measures designed to give TPS holders stability during perilous circumstances in their home countries. She pointed out that Noem’s misconduct led to “real and significant consequences” for many Venezuelans and Haitians dependent on TPS.

Wardlaw noted, “This record is filled with examples of diligent members of society—mothers, fathers, partners of American citizens—who contribute positively and pay taxes, yet are at risk of deportation after losing TPS.”

However, it’s worth mentioning that the U.S. Supreme Court affirmed in October that Noem’s decision would remain in effect pending a final ruling, implying that there won’t be immediate changes as a result of the recent ruling.

Currently, approximately 268,156 Venezuelans residing in the U.S. will no longer enjoy their legal status due to Noem’s action, as per figures released by U.S. Citizenship and Immigration Services (USCIS).

The TPS designation is set to expire on September 10, 2025—60 days after the publication of relevant notices—and effectively terminate on November 7, 2025.

In September, pending applications from over 100,000 individuals eligible for TPS were also closed.

A spokesperson from the DHS previously articulated that maintaining or extending TPS for Venezuelans would counteract efforts to secure the southern border and manage migration effectively.

“When considering factors like public safety and economic considerations, it’s clear that allowing Venezuelans to remain temporarily in the U.S. isn’t in the nation’s best interests,” the spokesperson asserted.

The agency also indicated that about 353,000 Haitian TPS holders would see their protections lapse in February.

Judge Salvador Mendoza Jr. noted separately that there’s considerable evidence indicating a bias towards racial and national origins, supporting the previous court’s determination that Noem’s decision appeared pre-determined.

He remarked, “It’s obvious that the Secretary’s actions were not based on substantive policy debates but were influenced by harmful stereotypes regarding immigrants from Venezuela and Haiti.”