U.S. Appeals Court rules Kristi Noem acted illegally by terminating humanitarian protections for hundreds of thousands of Venezuelans and Haitians.

Ian Miller
Jan 30
3 min read

🧑‍⚖️ True — with context! A U.S. federal appeals court has ruled that Homeland Security Secretary Kristi Noem acted unlawfully when she terminated Temporary Protected Status (TPS) for hundreds of thousands of Venezuelan and Haitian migrants, finding she exceeded her legal authority under the statute.

🧠 What the ruling means

✔️ A 3-judge panel of the Ninth U.S. Circuit Court of Appeals upheld a lower court decision that Noem’s action in ending TPS protections for Venezuelans — and partially for Haitians — went beyond the authority granted by Congress. The judges said the law does not give the Secretary of Homeland Security the power to vacate or terminate an existing TPS designation in the way she did.

✔️ The court described her decisions as arbitrary and unlawful under the Administrative Procedure Act. One judge also pointed to evidence that statements by Noem and others suggested bias, reinforcing the lower court’s findings.

⚠️ But here’s the twist

🧾 The ruling doesn’t immediately restore protections.The U.S. Supreme Court had earlier allowed Noem’s termination of TPS to take effect while legal reviews continue, so the practical impact of the appeals court decision is currently limited.

📅 Timeline: TPS Legal Fight — Venezuela & Haiti

2021–2023 — TPS Designations

The U.S. government originally designated Venezuela for TPS starting in 2021 because of ongoing political, economic and humanitarian crises.
Haiti had long-standing TPS due to the 2010 earthquake and ongoing instability.

🏛️ January–February 2025 — Noem Terminates TPS

Jan 28, 2025 — Homeland Security Secretary Kristi Noem announced termination of Venezuelan TPS protections, undoing Biden-era extensions and setting a near-term end date for protections.
Noem also partially vacated Haiti’s TPS designation, shortening how long it would be in effect.

🗓️ March–April 2025 — District Court Challenge

Feb 19, 2025: The National TPS Alliance and individual immigrants filed a lawsuit (National TPS Alliance v. Noem) challenging the legality of Noem’s termination of TPS.
March 31, 2025: U.S. District Judge Edward Chen blocked the termination of Venezuela’s 2023 TPS designation while the case proceeded — meaning many Venezuelan TPS holders kept protections temporarily.
Fall 2025: Judge Chen ruled that Noem’s cancellation of both Venezuela’s and Haiti’s TPS extensions was unlawful under the Administrative Procedure Act (APA) because she lacked statutory authority and did not follow proper procedures.

📍Mid 2025 — First Supreme Court Intervention

June & October 2025: The U.S. Supreme Court granted stays that allowed Noem’s TPS terminations to take effect while appeals continued, meaning the TPS protections remained ended in practice for many, even as litigation moved forward.

🧑‍⚖️ Aug 2025 — Ninth Circuit On Preliminary Relief

In August 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s order postponing the implementation of certain TPS terminations during litigation.

📆 Jan 29, 2026 — Appeals Court Affirms Illegality

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that Noem acted unlawfully in terminating TPS for Venezuelans and in partially vacating Haiti TPS, agreeing with lower court findings that she exceeded her authority under the law.
However, the decision does not reinstate protections right away because the Supreme Court had already allowed the TPS terminations to go into effect while further review continues.

🧠 Key Legal Points

Temporary Protected Status (TPS) is a humanitarian immigration program that lets people from crisis-stricken countries live and work in the U.S. temporarily with protection from deportation.
The courts ruled that Noem didn’t have the legal authority to vacate or terminate existing TPS designations or extensions in the way she did — especially once they were already in place — and that her actions violated standard administrative law procedures.
The Supreme Court’s stays mean the practical status of TPS for many remains ended for now, even as the case continues.

📌 In Summary

Biden-era extensions kept TPS active for Venezuelans and Haitians through 2025–26.
Kristi Noem terminated those protections in early 2025.
Federal courts (district and appellate) found her actions illegal under U.S. law.
But Supreme Court stays have allowed the terminations to remain in effect while legal challenges continue.