In a ruling with high impact for the migrant community, the California Court of Appeals for the Ninth Circuit ruled that the Secretary of Homeland Security, Kristi Noem, exceeded her authority by attempting to cancel Temporary Protected Status (TPS). This measure sought to eliminate legal protection for hundreds of thousands of people, including some 600,000 Venezuelans.
The three-judge panel described the federal government’s actions as “illegal,” upholding a previous order that prevented dismantling the program.
Judge Kim McLane Wardlaw highlighted in the ruling that the cancellation of TPS has forced thousands of hard-working citizens – doctors, mechanics and students – to lose their jobs and homes, separating families of US citizens.
For his part, Judge Salvador Mendoza Jr. went further in his concurring opinion, noting that there is evidence of “racially motivated animosity” and racist stereotypes in the administration’s statements to justify the end of protections for Venezuelans and Haitians.
Despite the judicial victory for the beneficiaries, protected status is not immediately restored. This is because the Supreme Court had previously stayed the lower court’s decision while the appeal was resolved. At the moment:
- The federal government can appeal to the Supreme Court or request a hearing with the full Ninth Circuit.
- The Department of Homeland Security (DHS) has called the ruling an “activist” order that undermines immigration laws.
- Nearly 350,000 Venezuelans who arrived in 2023 already lost their protections last October after an intervention by the Supreme Court.
Background of the conflict over the TPS
Temporary Protected Status (TPS) is a program created decades ago to allow foreigners to remain and work in the United States when natural disasters or armed conflicts make their return unsafe. Under the current Trump administration, a campaign has been launched to deport millions of people, identifying TPS as an obstacle.
Countries such as Afghanistan, Haiti, Honduras, Nicaragua and Venezuela have been targeted for cancellation of the program. In the specific case of Venezuela, the status expired on November 7 for the group of 250,000 people who arrived in 2021, while an imminent ruling is expected in Washington DC that will affect another 330,000 Haitians in the coming months.
