A US federal appeals court ruled that the Trump administration unlawfully ended legal protections that allowed hundreds of thousands of Venezuelans to live and work in the United States.
The decision adds another legal setback to the administration’s immigration agenda and sharply criticizes the authority claimed by the Department of Homeland Security.
Court limits Homeland Security’s authority
In a ruling issued late Wednesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said Homeland Security Secretary Kristi Noem acted beyond her legal powers when she terminated Temporary Protected Status for Venezuelans.
TPS had allowed about 600,000 people to remain in the country legally. The designation was extended during the administration of former president Joe Biden.
The ruling upheld an earlier decision from a lower court. However, it will not immediately restore protections for Venezuelans.
Supreme Court order keeps policy in place
Despite the appeals court ruling, the protections remain suspended. The U.S. Supreme Court previously allowed the administration to enforce the termination while appeals continue.
As a result, Venezuelans affected by the policy still face detention and deportation risks. Legal uncertainty remains widespread.
Writing for the panel, Judge Kim Wardlaw said Congress did not give the executive branch authority to cancel TPS while a designation remains active.
