Appeals court rules Noem's decision to end TPS for Venezuelans in US was illegal
WASHINGTON (TNND) — A federal appeals court rules that the Trump administration illegally ended protections for hundreds of thousands of Venezuelans living and working in the United States.
The decision was made by a three-judge panel for the 9th U.S. Circuit Court of Appeals.
A spokesperson for the Department of Homeland Security responded to the decision, saying it was a “lawless and activist order from the federal judiciary."
Ninth Circuit judges argued that those with TPS status should continue to have their designation due to the conditions in their home country.
“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,” said Judge Kim Wardlaw.
Wardlaw added that the revocation of TPS has severe consequences for those who have family and no criminal record.
The Department of Homeland Security also ended TPS for Haitians, which is under separate legal challenges. A federal judge in Washington is expected to decide on the case soon.
In early January, DHS Secretary Kristi Noem said that Venezuelan migrants under TPS can apply for asylum in the U.S.
“Every individual that was under TPS has the opportunity to apply for refugee status and that evaluation will go forward,” Noem said in an interview on "Fox News Sunday."
What is TPS?
Originated by Congress as a part of the Immigration Act of 1990, TPS allows DHS to grant legal immigration status to those who escape their home country due to "extraordinary and temporary conditions” that prevent a safe return.
Millions of Venezuelans have fled due to political unrest and economic instability.
Designations can last between six, 12 or 18 months and extensions of status can be granted.
Editor's Note: The Associated Press contributed to this report.
