A US federal appeals court determined Friday that the Trump administration probably violated the law when it terminated Temporary Protected Status (TPS) protections for 600,000 Venezuelans residing and employed in the US.
The unanimous ruling by three judges on the Ninth Circuit Court of Appeals sustained a lower court decision that delayed the government's cancellation of Venezuelan TPS while legal challenges continue.
The court determined that Homeland Security Secretary Kristi Noem lacked statutory power to revoke or nullify a previous TPS extension granted during the administration of former President Joe Biden. Judges emphasized that Congress designed the TPS program to offer predictable and stable protections insulated from changing political circumstances and electoral considerations.
The Trump administration terminated protections shortly after assuming office, claiming Venezuelan conditions had improved. But the court noted that sudden termination contradicts the statute's clear language and purpose, which permits TPS designation for six-, 12- or 18-month periods.
The court found plaintiffs demonstrated a likelihood of legal success, and TPS beneficiaries would experience irreparable harm without relief, and public interest favored postponement.
The court concluded that anything less than nationwide postponement would conflict with TPS statute requirements and fail to provide complete relief sought by the plaintiffs.
The decision prevents the administration from ending Venezuelan TPS until legal disputes are resolved.
