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US appeals court says Secretary Noem's decision to end protections for Venezuelans in US was illegal

The 9th Circuit invalidated Noem's termination of protections for over 300,000 Venezuelan and Haitian TPS holders, citing racial animus and lack of statutory authority.

  • On Wednesday, the 9th U.S. Circuit Court of Appeals ruled that Homeland Security Secretary Kristi Noem exceeded her authority by ending TPS for Venezuela and Haiti, stating the statute does not allow vacating an existing designation.
  • The TPS program was created under the Immigration Act of 1990 to protect people fleeing extraordinary conditions, with designations lasting six, 12, or 18 months, while Noem said she ended protections as conditions in Venezuela and Haiti had improved.
  • The panel found evidence of stereotype-based reasoning and racial animus in Noem's actions, while Judge Kim Wardlaw wrote that her `unlawful actions have had real and significant consequences` for TPS holders from Venezuela and Haiti.
  • Though issued Wednesday, the ruling lacks immediate practical effect as the U.S. Supreme Court allowed Kristi Noem's decision to take effect; TPS designations end February 3 while a federal judge in Washington may rule on a Haiti pause.
  • TPS prevents deportation and permits work but not citizenship, and Judge Kim Wardlaw noted procedural safeguards ensure predictability amid crises like Haiti's widespread hunger and gang violence.
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The fate of some 600,000 Venezuelans residing in the United States remains in the hands of President Donald Trump's government, despite the fact that an appeals court declared that the Executive acted illegally in terminating the Temporary Protection Status (TPS).

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WPLG broke the news in Miami, United States on Thursday, January 29, 2026.
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