A federal appeals court ruled Jan. 28 that DHS Secretary Kristi Noem acted beyond her legal authority when she moved to undo Temporary Protected Status decisions affecting Venezuelan and Haitian nationals. The panel said the TPS statute does not allow the secretary to “vacate” an existing designation or extension once it has been made.
In its decision, the three-judge panel said Noem’s actions — including vacating and terminating Venezuela-related TPS measures and partially vacating Haiti’s TPS extension — exceeded the powers Congress set out in the TPS law. The ruling came from the U.S. Court of Appeals for the Ninth Circuit in Ninth Circuit opinion.
A concurring judge wrote separately that the record contained what the judge described as “ample evidence” the decisions were driven by racial stereotypes and national-origin animus, though the majority said it was resolving the case on statutory grounds.
The decision does not immediately change conditions for Venezuelans covered by the challenged actions. The U.S. Supreme Court, in an October 2025 stay, allowed the Venezuela vacatur and termination actions to remain in effect while the case continues. The order is in Supreme Court order.
For Haitians, the panel’s ruling addressed Noem’s partial undoing of a prior extension. Haiti’s TPS is currently set to terminate on Feb. 3, 2026, under the government’s published notice in the Federal Register notice.
The administration can seek further review, including asking the Supreme Court to take up the merits of the Ninth Circuit’s decision.
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