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Appeals Court Condemns Former Official’s Termination Of Immigration Protections
Table of Contents
- 1. Appeals Court Condemns Former Official’s Termination Of Immigration Protections
- 2. The Court’s Decision
- 3. Impact on TPS Holders
- 4. Allegations of Bias
- 5. Supreme Court Intervention & Current Status
- 6. Understanding Temporary Protected Status
- 7. Ancient Context: Haiti and TPS
- 8. What are the implications of the court ruling for TPS recipients from Haiti adn Venezuela?
- 9. Court rules Homeland Security Secretary Noem Unlawful in Ending TPS for Haitians and Venezuelans
- 10. Understanding the Court’s Decision
- 11. Impact on Current TPS Holders – Haiti
- 12. Impact on Current TPS Holders – venezuela
- 13. What Happens Next? – DHS Response and Potential Appeals
- 14. Ancient Context: TPS and Political Shifts
Washington D.C. – A Federal Appeals Court has delivered a scathing rebuke to a former Homeland Security Secretary, finding that the termination of immigration protections for citizens of Haiti and Venezuela was unlawful.The ruling, handed down on Wednesday, January 28, 2026, by the 9th U.S. Circuit Court of Appeals, centers on the Temporary Protected Status (TPS) program, a vital lifeline for individuals fleeing instability and disaster.
The Court’s Decision
The three-judge panel determined that the former Secretary acted outside the bounds of the law when ending TPS for both Venezuela on January 29, 2025 and Haiti on June 28, 2025. Judge Kim McLane Wardlaw, in the court’s opinion, emphasized the severe consequences of the decision, stating that it impacted hundreds of thousands of individuals reliant on the program. These are not merely statistics, but hard-working individuals contributing to American society.
Impact on TPS Holders
The decision highlights the plight of TPS recipients, many of whom are parents, spouses, and integral members of thier communities. The court’s assessment detailed numerous cases of individuals facing deportation or detention after losing their TPS status, disrupting families and livelihoods. According to the non-partisan Migration Policy Institute, as of late 2023, over 330,000 individuals held TPS status, a testament to the program’s broad reach and importance. Migration Policy Institute
Allegations of Bias
A concurring opinion by Judge Salvador Mendoza Jr. raised serious concerns about potential bias influencing the decision to end TPS. The judge pointed to prior public statements made by the former Secretary and a former President, characterizing them as expressing hostility toward Venezuelan and Haitian TPS holders. Specifically, the opinion referenced disparaging remarks, including the labeling of Venezuelans as “dirtbags” and “criminals,” and claims about immigrants “poisoning the blood” of the nation. This suggests a decision rooted in prejudice rather than a reasoned assessment of conditions within the respective countries.
Supreme Court Intervention & Current Status
Despite the Appeals Court’s ruling, the immediate impact on Venezuelan TPS holders is limited.The Supreme court previously ruled in October 2025 to allow the termination of TPS for Venezuelans to proceed while legal challenges continued. This creates a complex legal landscape, leaving the future of the program uncertain for many.
Understanding Temporary Protected Status
Established under the Immigration Act of 1990,Temporary Protected Status provides a temporary haven for individuals from countries facing extraordinary circumstances like armed conflict,natural disasters,or other exceptional challenges.U.S. Citizenship and Immigration Services. While offering work authorization, TPS dose not provide a direct pathway to citizenship. The designation can last between six and 18 months,with possible extensions based on ongoing conditions.
Ancient Context: Haiti and TPS
Haiti received it’s initial TPS designation in 2010 following a devastating magnitude 7 earthquake that claimed an estimated 160,000 lives and left over a million people homeless. The designation has been repeatedly extended due to ongoing political instability, natural disasters, and humanitarian crises, reflecting the nation’s protracted struggles.
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