A federal appeals court ruled Wednesday night that Homeland Security Secretary Kristi Noem acted unlawfully when she ended Temporary Protected Status for Venezuelans. This decision took away work authorization and deportation protections from hundreds of thousands of people allowed to live in the United States under Biden-era TPS designations.
A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found Noem exceeded her authority when she tried to end Venezuela’s TPS designation. The panel stated that the TPS statute gives the secretary the power to designate, extend, and terminate protections, but it does not permit the secretary to “vacate an existing TPS designation.”
The ruling will not immediately restore protections, as the Supreme Court allowed Noem’s action to take effect while the litigation continues. As a result, Venezuelan TPS holders can still face detention and deportation until the courts issue new orders.
In the majority opinion, Judge Kim Wardlaw noted that Congress included procedural safeguards in the TPS law to provide stability for people granted the status during “extraordinary and temporary conditions” in their home countries. Wardlaw argued that Noem’s actions “fundamentally contradict Congress’ statutory design,” according to Reuters.
The panel also confirmed the lower court’s finding that Noem exceeded her authority when she ended TPS early for Haitians. The Associated Press reported that a federal judge in Washington is expected to soon rule on a request to pause the termination of Haiti’s TPS in a separate case, with Haiti’s designation set to end on February 3.
WATCH: @Sec_Noem says Venezuelans who were under Temporary Protective Status can apply for refugee status – as the nation faces an uncertain future in wake of Maduro’s capture. pic.twitter.com/umHyxilxH3
— Fox News Sunday (@FoxNewsSunday) January 4, 2026
Temporary Protected Status, created by Congress in the Immigration Act of 1990, allows the secretary of homeland security to grant temporary legal status and work authorization to nationals of countries facing armed conflict, environmental disaster, or other extreme conditions that make return unsafe. This status does not create a pathway to citizenship.
The Trump administration argued that TPS for Venezuela encouraged illegal migration and weakened border enforcement. Noem claimed that conditions in Venezuela and Haiti had improved and that it was not in the national interest to continue the protections.
After the ruling, DHS spokesperson Tricia McLaughlin criticized the decision and defended the administration’s approach. “Temporary means temporary,” McLaughlin stated, calling the ruling “lawless and activist,” according to Reuters.
The lawsuit was brought by Venezuelan TPS holders and the National TPS Alliance. Jessica Bansal, a lawyer for the plaintiffs, noted that despite the finding that Noem broke the law, the Supreme Court’s order leaves Venezuelans at risk while the appeals proceed.
Advocates for immigrants have said that the ruling could shape how far future administrations can go in dismantling existing humanitarian protections without following the procedures laid out by Congress.
For those Venezuelan families who built lives around lawful work authorization, the decision offered legal validation but little immediate relief, as court battles continue and federal agencies await further direction on whether and when those protections might be restored.
