Appeals Court Finds Noem’s Venezuelan Protections Decision Illegal

A federal appeals court has ruled against the Department of Homeland Security’s decision to end Temporary Protected Status (TPS) for citizens of Haiti and Venezuela. The Ninth Circuit panel upheld a lower court’s finding that the acting Homeland Security secretary exceeded her authority in terminating the program.

Temporary Protected Status Explained

Temporary Protected Status, authorized by Congress in 1990, allows the Homeland Security secretary to grant legal immigration status to individuals fleeing countries experiencing civil strife, environmental disasters, or other “extraordinary and temporary conditions.” Designations are typically granted for six, 12, or 18 months and can be extended if conditions remain dire. TPS prevents deportation and allows recipients to work legally, but it does not provide a path to citizenship.

Ruling on Noem’s Actions

The Ninth Circuit panel, composed of Judges Kim Wardlaw, Salvador Mendoza, Jr., and Anthony Johnstone, stated that the legislation establishing TPS did not grant the secretary the power to terminate existing designations. Wardlaw, writing for the panel, emphasized the procedural safeguards within the statute intended to provide predictability and stability for individuals with TPS. The court found that the acting secretary’s actions had significant consequences for Venezuelans and Haitians in the United States.

Conditions in Haiti and Venezuela

Haiti was first designated for TPS in 2010 following a devastating earthquake. The country currently faces widespread hunger and gang violence. Venezuela is experiencing a prolonged crisis characterized by political unrest, mass unemployment, hyperinflation, corruption, economic mismanagement, and an ineffectual government. Millions of Venezuelans have fled these conditions.

Allegations of Bias

Judge Mendoza wrote separately, citing “ample evidence of racial and national origin animus” that supported the lower court’s conclusion that the acting secretary’s decisions were predetermined and pretextual. He stated that her actions appeared rooted in stereotypes portraying immigrants from Venezuela and Haiti as dangerous or mentally unwell. The government has disputed these allegations, asserting that the secretary has broad authority over TPS determinations and that those decisions are not subject to judicial review.

Ongoing Legal Proceedings

A federal judge in Washington is expected to rule soon on a request to pause the termination of TPS for Haiti while a separate lawsuit challenging it proceeds. The current designation for Haiti is scheduled to end on February 3. An email seeking comment from the Department of Homeland Security was not immediately returned.