• A federal appeals court declared that the Trump administration unlawfully ended protections for Venezuelans.
• The ruling upheld that Kristi Noem exceeded her authority in terminating Temporary Protected Status (TPS).
• The decision is temporarily ineffective as the U.S. Supreme Court allowed the termination to remain in effect pending a final ruling.
• The panel highlighted that Noem's actions have left many Venezuelans living in fear of deportation.
• Critics pointed to potential racial animus behind Noem's decision to revoke TPS.

A federal appeals court ultimately ruled that the Trump administration unlawfully ended legal protections for approximately 600,000 Venezuelans living and working in the United States under Temporary Protected Status (TPS). A three-judge panel from the 9th U.S. Circuit Court of Appeals affirmed a lower court ruling, emphasizing that Homeland Security Secretary Kristi Noem acted beyond her authority in this matter. This ruling, however, will have no immediate consequence as the U.S. Supreme Court previously allowed Noem's decision to take effect pending further legal reviews, according to CBS News and Los Angeles Times.

The appellate court's ruling also reiterated a previous decision regarding Haiti, stating that Noem's early termination of TPS for Haitian nationals was similarly unjustifiable. The judges noted that TPS, established by Congress as part of the Immigration Act of 1990, provides a legal framework for the protection of individuals fleeing countries mired in crises, thus requiring rigorous procedural safeguards during its designation. Judge Kim Wardlaw commented on the tangible adverse effects these illegal actions have had on Venezuelans and Haitians, citing the lives of law-abiding individuals who have been deported or detained, as reported by Reuters and Los Angeles Times.

The panel's decision underscores the historical context of TPS designations, with over 20 countries having benefited from this protection since the program’s inception, highlighting the unprecedented nature of attempts to terminate existing TPS statuses. Specifically, Judge Wardlaw noted that such retractions fundamentally contradict Congress’s statutory intent. This sentiment was echoed by Judge Salvador Mendoza, who pointed to evidence of racial bias influencing Noem's decisions, suggesting these actions were not based on sound policy but rather on stereotypical perceptions of Venezuelan and Haitian migrants, as stated in articles from Reuters and CBS News.