Federal court rules Noem terminating temporary protected status for Venezuelans in US was illegal
This affects the entire country.
A federal appeals court ruled late Wednesday that Department of Homeland Security (DHS) Secretary Kristi Noem acted unlawfully when she ended legal protections allowing hundreds of thousands of Venezuelans to live and work in the United States.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found she exceeded her authority when she ended temporary protected status (TPS) for Venezuelans under the Biden-era Venezuela TPS designations, according to The Associated Press. All three judges on the panel were nominated by Democratic presidents.
The ruling comes as the Trump administration has argued that TPS for Venezuela created a "magnet effect" for illegal migration and undermined border enforcement. TPS shields eligible migrants from deportation and allows them to work legally in the United States while conditions in their home country are deemed unsafe.
The panel also upheld the lower court’s finding that Noem exceeded her authority when she moved to end TPS early for hundreds of thousands of people from Haiti.
TRUMP ADMIN ENDS TEMPORARY PROTECTED STATUS FOR BURMESE MIGRANTS
The judges ruled that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation.
"The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country," Ninth Circuit Judge Kim Wardlaw, who was nominated by President Bill Clinton, wrote for the panel.
Wardlaw said Noem’s "unlawful actions have had real and significant consequences" for Venezuelans and Haitians in the United States who rely on TPS.
"The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS," she wrote.
The decision, however, will not have any immediate practical effect after the U.S. Supreme Court in October allowed Noem’s decision to take effect pending a final decision by the justices.
Fox News Digital contacted DHS for comment.
DHS TERMINATES TEMPORARY PROTECTED STATUS FOR AROUND 76K HONDURAN, NICARAGUAN MIGRANTS
Noem’s termination meant that 268,156 Venezuelan nationals currently in the U.S. lost their status and were no longer legally allowed to reside in the United States, according to figures shared with Fox News Digital from U.S. Citizenship and Immigration Services …
This affects the entire country.
A federal appeals court ruled late Wednesday that Department of Homeland Security (DHS) Secretary Kristi Noem acted unlawfully when she ended legal protections allowing hundreds of thousands of Venezuelans to live and work in the United States.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found she exceeded her authority when she ended temporary protected status (TPS) for Venezuelans under the Biden-era Venezuela TPS designations, according to The Associated Press. All three judges on the panel were nominated by Democratic presidents.
The ruling comes as the Trump administration has argued that TPS for Venezuela created a "magnet effect" for illegal migration and undermined border enforcement. TPS shields eligible migrants from deportation and allows them to work legally in the United States while conditions in their home country are deemed unsafe.
The panel also upheld the lower court’s finding that Noem exceeded her authority when she moved to end TPS early for hundreds of thousands of people from Haiti.
TRUMP ADMIN ENDS TEMPORARY PROTECTED STATUS FOR BURMESE MIGRANTS
The judges ruled that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation.
"The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country," Ninth Circuit Judge Kim Wardlaw, who was nominated by President Bill Clinton, wrote for the panel.
Wardlaw said Noem’s "unlawful actions have had real and significant consequences" for Venezuelans and Haitians in the United States who rely on TPS.
"The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS," she wrote.
The decision, however, will not have any immediate practical effect after the U.S. Supreme Court in October allowed Noem’s decision to take effect pending a final decision by the justices.
Fox News Digital contacted DHS for comment.
DHS TERMINATES TEMPORARY PROTECTED STATUS FOR AROUND 76K HONDURAN, NICARAGUAN MIGRANTS
Noem’s termination meant that 268,156 Venezuelan nationals currently in the U.S. lost their status and were no longer legally allowed to reside in the United States, according to figures shared with Fox News Digital from U.S. Citizenship and Immigration Services …
Federal court rules Noem terminating temporary protected status for Venezuelans in US was illegal
This affects the entire country.
A federal appeals court ruled late Wednesday that Department of Homeland Security (DHS) Secretary Kristi Noem acted unlawfully when she ended legal protections allowing hundreds of thousands of Venezuelans to live and work in the United States.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found she exceeded her authority when she ended temporary protected status (TPS) for Venezuelans under the Biden-era Venezuela TPS designations, according to The Associated Press. All three judges on the panel were nominated by Democratic presidents.
The ruling comes as the Trump administration has argued that TPS for Venezuela created a "magnet effect" for illegal migration and undermined border enforcement. TPS shields eligible migrants from deportation and allows them to work legally in the United States while conditions in their home country are deemed unsafe.
The panel also upheld the lower court’s finding that Noem exceeded her authority when she moved to end TPS early for hundreds of thousands of people from Haiti.
TRUMP ADMIN ENDS TEMPORARY PROTECTED STATUS FOR BURMESE MIGRANTS
The judges ruled that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation.
"The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country," Ninth Circuit Judge Kim Wardlaw, who was nominated by President Bill Clinton, wrote for the panel.
Wardlaw said Noem’s "unlawful actions have had real and significant consequences" for Venezuelans and Haitians in the United States who rely on TPS.
"The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS," she wrote.
The decision, however, will not have any immediate practical effect after the U.S. Supreme Court in October allowed Noem’s decision to take effect pending a final decision by the justices.
Fox News Digital contacted DHS for comment.
DHS TERMINATES TEMPORARY PROTECTED STATUS FOR AROUND 76K HONDURAN, NICARAGUAN MIGRANTS
Noem’s termination meant that 268,156 Venezuelan nationals currently in the U.S. lost their status and were no longer legally allowed to reside in the United States, according to figures shared with Fox News Digital from U.S. Citizenship and Immigration Services …
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