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Immigration News Alert
Ninth Circuit Rules DHS Unlawfully Ended TPS for Venezuela and Haiti
Key Point
- The Ninth Circuit ruled that DHS unlawfully vacated and terminated TPS for Venezuela and partially vacated TPS for Haiti, affirming that the agency exceeded its statutory authority.
Court Affirms DHS Exceeded Its Authority
The Ninth Circuit held that DHS Secretary Kristi Noem exceeded her statutory authority under 8 U.S.C. § 1254a when she vacated and terminated Venezuela’s Temporary Protection Status (TPS) designation and partially vacated Haiti’s TPS designation. The court concluded that the TPS statute does not grant the Secretary the power to vacate an existing designation.
Venezuela TPS Vacatur and Termination Set Aside
The court found that DHS vacated and terminated Venezuela’s TPS without conducting the required statutory review or providing an analysis of country conditions. The opinion notes that the termination relied solely on a national‑interest rationale and did not include factual findings regarding conditions in Venezuela.
Haiti Partial Vacatur Also Unlawful
The Ninth Circuit also affirmed that DHS acted unlawfully when it shortened Haiti’s TPS designation period. The court held that the Secretary’s partial vacatur was not authorized by the TPS statute and therefore could not stand.
Impact on TPS Beneficiaries
The opinion describes significant consequences for TPS holders following the 2025 actions, including loss of work authorization, job loss, detention, removal and housing instability. The court emphasized that these outcomes conflicted with Congress’s intent for TPS to provide temporary protection and stability.
Backgorund
Recent updates on Venezuela TPS — including the 2023 designation and subsequent termination actions — offer helpful insight into the agency decisions the Ninth Circuit has now set aside.
Additional coverage of federal court interventions in TPS terminations for countries such as Honduras, Nepal and Nicaragua further illustrates the ongoing judicial scrutiny that arises when DHS departs from statutory requirements or narrows TPS protections without adequate justification.
Taken together, these resources help frame the Ninth Circuit’s decision and offer useful context for understanding its implications for TPS policy moving forward.
For information on how TPS‑related employer letters may impact your organization, including how to interpret threatening or misleading communications tied to an employee’s TPS status, read our insight on responding to these letters. The resource outlines what these notices do not require employers to do and reinforces best practices for verifying work authorization in compliance with federal law.
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