A federal appeals court has ruled that the Trump administration unlawfully ended temporary legal protections for hundreds of thousands of Venezuelans living in the United States.
The decision marks a major legal setback for the administration’s immigration crackdown, even as Supreme Court orders allow enforcement to continue for now.
Appeals Court Finds DHS Exceeded Its Authority
A three-judge panel of the Ninth US Circuit Court of Appeals has upheld a lower court ruling concluding that the Department of Homeland Security acted outside its legal authority when it terminated Temporary Protected Status for Venezuelans.
The court determined that the Secretary of Homeland Security could not lawfully end protections that were still in effect under federal statute.
The ruling applies to roughly 600,000 Venezuelans who were granted temporary protection and work authorization due to conditions in their home country.
Immediate Impact Limited by Supreme Court Orders
Despite the appeals court ruling, the decision will not immediately restore protections. Earlier Supreme Court orders allowed the termination of Venezuelan TPS to proceed while further appeals are still possible.
As a result, affected individuals continue to face the risk of detention and deportation even as courts consider the legality of the policy.
Legal advocates say the gap between judicial findings and on-the-ground enforcement has left many families in prolonged uncertainty.
Part of Broader Effort to Roll Back TPS Nationwide
The ruling represents the latest obstacle for the administration’s broader effort to end TPS designations for multiple countries. Temporary Protected Status has historically been granted to nationals of countries facing armed conflict, natural disasters, or other extraordinary conditions, allowing recipients to live and work legally in the United States for limited periods.
The court noted that, since the program’s creation decades ago, no prior administration had asserted the authority to cancel a country’s TPS designation while it remained active.
Court Also Upholds Ruling on Haiti TPS
In addition to Venezuela, the appeals court upheld a lower court’s finding that DHS also unlawfully terminated TPS for Haitian nationals. While the administration did not appeal that portion of the ruling, it later announced new plans to end Haiti’s TPS under a separate process, which is now facing additional court review.
Judges emphasized that statutory protections limit how and when TPS designations may be withdrawn.
Legal Challenges Continue Across Multiple Courts
This case is one of several lawsuits challenging the administration’s efforts to end TPS protections nationwide. Courts in various jurisdictions are currently examining whether DHS actions match congressional intent and federal immigration law.
Observers say the outcome of these cases could shape the future of temporary humanitarian protections for hundreds of thousands of migrants.
Looking Ahead
Further court action is expected as the administration decides whether to continue appealing the ruling. Meanwhile, Venezuelans and other TPS holders remain in legal limbo while courts balance enforcement authority with limits set by law.
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