- “The Ninth Circuit has recognized that the Trump administration cannot do away with TPS simply because they don’t like it. We will keep fighting for our rights under the law.” – Cecilia Gonzalez, Venezuelan plaintiff with TPS
by Vanguard Staff
LOS ANGELES — A three-judge panel from the U.S. Court of Appeals for the Ninth Circuit on Thursday unanimously upheld a federal judge’s ruling that found the Trump administration acted unlawfully when it attempted to terminate Temporary Protected Status (TPS) for Venezuelans, and affirmed that the lower court has the authority to decide the case.
The case, National TPS Alliance v. Noem, centers on the Trump administration’s unprecedented move earlier this year to vacate an extension of TPS, a program that provides temporary legal status and work authorization to nationals of countries in crisis. The Ninth Circuit concluded that the Department of Homeland Security under Secretary Kristi Noem exceeded its authority when it sought to cancel protections for Venezuelans.
“This is a win for the TPS community. We are here because our country is in crisis. This is why TPS exists,” said Cecilia Gonzalez, a Venezuelan plaintiff with TPS. “The Ninth Circuit has recognized that the Trump administration cannot do away with TPS simply because they don’t like it. We will keep fighting for our rights under the law.”
The Ninth Circuit’s opinion recognized that Venezuelan TPS holders face serious harm as a result of Noem’s actions, including detention, deportation, family separation, and the loss of employment. The panel held, “Plaintiffs are likely to succeed on the merits of their claim that the Secretary lacked authority to vacate a prior extension of TPS,” concluding that Congress had designed the TPS statute to provide stability insulated from political reversals.
The court noted that the government argued it had inherent authority to revoke prior TPS designations. But the panel rejected that claim, writing that “agencies lack the authority to undo their actions where, as here, Congress has spoken and said otherwise.”
The ruling leaves the case in the hands of the district court, which had stayed proceedings while awaiting guidance from the appeals court. The Ninth Circuit emphasized that nationwide relief is appropriate in TPS cases, stating that anything short of that “would not provide Plaintiffs with the complete relief they seek.”
“Today’s ruling thankfully shows that the Trump administration is not above the law,” said Freddy Arape, an IT specialist and TPS holder. “For me and so many others who fled violence and instability in our home countries, TPS has been a lifeline. I am hopeful that the humanitarian protections that Congress created will continue.”
Legal advocates and immigrant rights leaders described the decision as both a significant legal victory and a reflection of the stakes involved.
“There are now two comprehensive decisions carefully explaining why the Venezuelan vacatur is illegal and neither has any effect because of the two paragraph unreasoned U.S. Supreme Court order,” said Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law and Policy. “This is not how a rational legal system should work.”
“Trump has sought to destroy TPS from day one,” said Emi MacLean, attorney at the ACLU Foundation of Northern California. “The only courts that have meaningfully reviewed this government’s actions have rejected the government’s extreme position that the administration can do whatever they want, with no regard for current law.”
Jose Palma, co-coordinator of the National TPS Alliance, said the ruling is a reminder of the larger struggle. “Today’s decision does not give us an immediate solution, but it sends a signal that we are on the right side of history. By winning a just decision from a court system that is losing credibility for failing to meaningfully check the unprecedented authoritarianism of the Trump Administration, immigrants are once again preserving the due process and checks and balances that are the cornerstone of U.S. democracy for all the people of this country.”
Advocates stressed that TPS holders continue to face uncertainty while the Supreme Court’s stay remains in effect.
“Every day, Venezuelan TPS holders are being fired from their jobs, detained, and deported to a country the State Department says is unsafe to even visit—even though the Trump Administration had no authority to revoke their lawful status,” said Jessica Bansal, attorney at the National Day Laborer Organizing Network. “We are hopeful that today’s decision paves the way for a quick final decision from the district court that can restore much-needed protections.”
Erik Crew, staff attorney at Haitian Bridge Alliance, said the decision reinforces the role of courts in checking executive overreach. “The appellate court’s decision vindicates the district court’s clear, reasoned, and evidenced-based decision to postpone the unprecedented cancellation of TPS status: The Secretary cannot just make up procedures against Congressional statute to irreparably harm people that are protected by law. It is sad that so many peoples’ lives have already been harmed by this administration’s ongoing campaign of extremist, racist targeting of communities, and this order is still subject to appeal, but we will keep fighting to mitigate harm already done and to protect all TPS holders, basic human dignity, the rule of law, and the integrity of our nation.”
The plaintiffs are represented by the National Day Laborer Organizing Network, the ACLU Foundations of Northern and Southern California, the UCLA Center for Immigration Law and Policy, and Haitian Bridge Alliance.
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