The 9th U.S. Circuit Court of Appeals has officially declared that Homeland Security Secretary Kristi Noem’s attempt to strip hundreds of thousands of Venezuelans of their legal right to live and work in the U.S. was illegal.
Thank you for reading this post, don't forget to subscribe!Why the Court Ruled Against the Administration
The court’s decision centered on three primary legal failures:
- Exceeding Authority: The judges ruled that the DHS Secretary does not have the “unilateral power” to simply erase or “vacate” a TPS extension once it has been granted.
- Violating the Statute: The 1990 TPS law was designed to provide stability. The court found that Noem’s sudden reversal created the exact type of chaos the law was written to prevent.
- Evidence of Bias: The ruling highlighted that the move appeared to be driven by national origin animus (bias) rather than a genuine change in the safety conditions of Venezuela or Haiti.
The Current Reality
While this is a major legal victory for immigrant rights advocates, the situation remains in a “legal limbo”:
- The Supreme Court Stay: Because the Supreme Court issued an emergency stay in late 2025, the administration is technically still allowed to move forward with the termination process for now.
- The Next Step: This 9th Circuit ruling sets up a high-stakes showdown. The case will almost certainly be appealed to the Supreme Court for a final “final” decision.
Who Is Affected?
| Group | Impact of Ruling |
| Venezuelans | Protections declared legally valid by 9th Circuit; status still threatened by SCOTUS stay. |
| Haitians | Included in the ruling; the court found the administration’s actions equally illegal here. |
| DHS | Rebuked for overstepping executive power. |
