Appeals court finds South Dakota governor’s Venezuela decision unlawful

A federal appeals court has ruled against the Trump administration’s decision to end temporary protected status (TPS) for citizens of Venezuela. The 9th U.S. Circuit Court of Appeals upheld a lower court ruling, finding that former Homeland Security Secretary Kristi Noem exceeded her authority in terminating the program.

While the court’s decision is significant, its immediate practical effect is limited as the U.S. Supreme Court previously allowed the termination to proceed pending a final ruling.

Ruling on Venezuelan TPS

The 9th Circuit panel determined that the legislation authorizing TPS did not grant the Homeland Security Secretary the power to revoke an existing designation. The court stated that the statute includes safeguards intended to provide stability and predictability for individuals with TPS during challenging conditions in their home countries. Judges Kim Wardlaw, Salvador Mendoza, Jr., and Anthony Johnstone, all nominated by Democratic presidents, comprised the panel. The ruling noted that Noem’s actions have had significant consequences for Venezuelans and Haitians in the United States who rely on TPS, citing examples of individuals deported or detained after losing their status.

Haitian TPS and Pending Legal Action

The appeals court also upheld the lower court’s finding that Noem exceeded her authority when ending TPS early for Haitian citizens. A federal judge in Washington D.C. is expected to soon rule on a request to pause the termination of TPS for Haiti while a separate lawsuit challenging it continues. The current deadline for Haiti’s TPS designation is February 3.

Temporary Protected Status Explained

Temporary Protected Status, established by Congress in 1990, allows the Homeland Security Secretary to grant legal immigration status to individuals fleeing countries experiencing civil unrest, 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 recipients are protected from deportation and are eligible to work, but it does not provide a path to citizenship.

Justification for Termination and Current Conditions

The Trump administration, through Noem, argued that conditions in both Haiti and Venezuela had improved sufficiently to warrant ending the TPS designations, asserting it was not in the national interest to maintain the program for these countries. Millions of Venezuelans have left the country due to political instability, unemployment, and hunger, stemming from hyperinflation, corruption, and economic mismanagement. Haiti was initially designated for TPS in 2010 following a devastating earthquake that resulted in widespread death, injury, and displacement. Haitians currently face significant challenges including hunger and gang violence.

Allegations of Bias

Judge Mendoza wrote separately, stating there was “ample evidence of racial and national origin animus” that supported the lower court’s conclusion that Noem’s decisions were predetermined and her reasoning was a pretext. He asserted that the secretary’s actions were based on a stereotype-based view of immigrants from Venezuela and Haiti as dangerous or mentally unwell. Government attorneys have maintained that the secretary has broad authority regarding TPS determinations and that these decisions are not subject to judicial review, denying any racial bias motivated the actions.