US Appeals Court Rules Kristi Noem’s Termination of TPS for Venezuelans and Haitians Was Illegal

The 9th Circuit says the Homeland Security secretary exceeded her authority, citing unlawful decision-making and discriminatory reasoning, though the ruling does not immediately restore protections.

By: Haitian Prime News|January 29, 2026|San Francisco, United States

A federal appeals court has ruled that Homeland Security Secretary Kristi Noem acted illegally when she ended Temporary Protected Status (TPS) for migrants from Venezuela and Haiti, concluding that her decision exceeded the authority granted under U.S. law.

In a decision issued Wednesday, the 9th U.S. Circuit Court of Appeals found that the Immigration Act of 1990 does not allow a sitting secretary to vacate an existing TPS designation once it has been granted. The court held that Noem’s termination of protections violated the statutory framework governing the program.

TPS was created to protect individuals already present in the United States who cannot safely return to their home countries due to extraordinary conditions such as armed conflict, environmental disasters, or severe humanitarian crises. Designations are issued for fixed periods of six, 12, or 18 months and allow beneficiaries to live and work legally in the U.S., though the status does not provide a path to citizenship.

Noem argued that conditions in Venezuela and Haiti had improved sufficiently to justify ending TPS protections. The appeals court rejected that justification, finding evidence that the decision was influenced by stereotype-based reasoning and racial animus.

Writing for the panel, Judge Kim Wardlaw stated that Noem’s actions were unlawful and had “real and significant consequences” for TPS holders from both countries. The court emphasized that procedural safeguards within the TPS statute are intended to ensure predictability and stability during humanitarian crises.

Despite the ruling, the decision does not have immediate practical effect. The U.S. Supreme Court previously allowed Noem’s termination order to take effect while litigation continues. As a result, TPS designations for Venezuelans and Haitians are currently set to expire on February 3.

Separately, a federal judge in Washington, D.C., is considering whether to pause the termination of TPS specifically for Haitian nationals, citing Haiti’s ongoing crisis marked by widespread hunger, political instability, and escalating gang violence.

The ruling represents a significant legal setback for the Department of Homeland Security and may influence future challenges to executive authority over immigration protections.

Sources

– 9th U.S. Circuit Court of Appeals ruling

– Immigration Act of 1990

– U.S. Supreme Court emergency order on TPS enforcement