Federal Appeals Court Rules Trump Administration Unlawfully Ended TPS for Venezuelans
A federal appeals court has ruled that the Trump administration acted without legal authority when it moved to strip Temporary Protected Status (TPS) from hundreds of thousands of Venezuelan migrants. In a decision issued late Wednesday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s finding that the Department of Homeland Security (DHS) exceeded its statutory powers by attempting to vacate the humanitarian protections before their scheduled expiration.
The ruling centers on a 2025 directive by DHS Secretary Kristi Noem to terminate TPS designations for Venezuela, which were originally granted and expanded under the Biden administration and set to run through October 2026. The appellate panel concluded that the Immigration and Nationality Act does not grant the DHS Secretary “raw, unchecked power” to dismantle existing TPS designations at will. Writing for the court, the judges emphasized that Congress designed the statute with strict procedural safeguards to ensure stability for beneficiaries, preventing the executive branch from arbitrarily ending protections without adhering to a specific review process.
“The Secretary attempted to exercise powers Congress simply did not provide under the statute,” the court stated in its 48-page opinion. The judges noted that while the Secretary has the discretion to designate countries for TPS, the authority to terminate those designations is constrained by clear statutory requirements regarding the timing and criteria for such reviews.
The decision is a significant legal setback for the Trump administration’s broader efforts to restrict humanitarian immigration programs. The administration has vigorously defended the termination, arguing that the TPS program has been distorted into a permanent amnesty that encourages illegal migration. In a statement following the ruling, a DHS spokesperson described the court’s decision as a “lawless and activist order” that undermines the nation’s immigration laws. Administration officials have contended that conditions in Venezuela have improved sufficiently to warrant the return of its nationals and that the continued designation creates a “magnet effect” that complicates border enforcement.
Legal experts note that while this ruling declares the termination unlawful, the immediate future for Venezuelan TPS holders remains complex. The U.S. Supreme Court had previously issued a stay allowing the administration’s termination order to remain in effect pending the outcome of appeals. Consequently, despite the Ninth Circuit’s decision, the practical restoration of protections may depend on further action by the Supreme Court.
The case involves approximately 350,000 to 600,000 Venezuelan nationals who have been living and working legally in the United States under the protections. TPS is a temporary benefit granted to individuals from countries facing extraordinary conditions such as armed conflict or natural disasters, shielding them from deportation and providing work authorization. Venezuela was first designated for TPS in 2021 due to severe economic and political instability, with the designation expanded in 2023.
Immigration advocates hailed the ruling as a victory for the rule of law and a critical reprieve for families who faced the prospect of deportation to a destabilized region. “This decision affirms that no administration is above the law,” said a representative for the plaintiffs. However, opponents of the program maintain that the judiciary is overstepping its role by interfering with the executive branch’s plenary power over foreign affairs and national security. The administration is expected to appeal the decision to the Supreme Court.
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