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A federal appeals court ruled on Wednesday that the administration of President Donald Trump acted illegally by terminating Temporary Protected Status (TPS) for hundreds of thousands of Venezuelans in the United States.
According to Telemundo, citing the agency AP, a panel of three judges from the Ninth Circuit Court of Appeals upheld the ruling of a lower court that determined that the Secretary of Homeland Security, Kristi Noem, exceeded her authority by ordering the early termination of the program for Venezuelan citizens.
However, the ruling will not have an immediate impact, as in October the Supreme Court allowed Noem's decision to take effect while awaiting a final ruling on the case.
It also affects Haitians
The judges also supported the lower court's conclusion that Noem acted outside the legal framework by attempting to prematurely cancel TPS for hundreds of thousands of Haitian migrants.
In the case of Haiti, a federal judge in Washington is expected to soon rule on a request to pause the termination of the program while a separate lawsuit moves forward. The protections for Haitians were set to expire on February 3rd.
"The law does not grant that authority."
Judges Kim Wardlaw, Salvador Mendoza Jr., and Anthony Johnstone, all nominated by Democratic presidents, noted that the TPS legislation does not grant the Secretary of Homeland Security the authority to unilaterally revoke an existing designation.
"The law contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability," wrote Wardlaw, nominated by former President Bill Clinton.
According to the ruling, Noem's actions have had serious consequences for thousands of families.
"The file is filled with examples of working and contributing members of society... who have been deported or detained after losing their TPS," the judge added.
Accusations of racial animosity
In a concurring opinion, Judge Salvador Mendoza Jr. stated that there was "ample evidence of racial and national origin animosity" behind the decision to cancel TPS.
“It is clear that the secretary's measures… were rooted in a stereotypical diagnosis of migrants from Venezuela and Haiti as dangerous criminals or mentally unstable,” stated Mendoza.
What is TPS?
TPS was approved by Congress in the Immigration Act of 1990 and allows the United States to grant temporary legal status to individuals coming from countries affected by armed conflicts, natural disasters, or other extraordinary conditions.
The program protects against deportation and allows for legal work, although it does not provide a direct pathway to citizenship.
Administration argument
In justifying the end of TPS, Kristi Noem stated that the conditions in Haiti and Venezuela had improved and that it was not in the national interest to allow migrants to remain under a program designed to be temporary.
Nevertheless, millions of Venezuelans continue to flee the prolonged crisis in their country, marked by political repression, economic collapse, and shortages. Haiti, for its part, is facing extreme gang violence and a humanitarian emergency exacerbated by widespread hunger.
The government insists that it has authority
The government lawyers argued that the secretary has broad authority to make decisions regarding TPS and that her actions should not be subject to judicial review. They also dismissed claims that there were racial motivations behind the program's termination.
For now, although the appeals court considers the measure illegal, the future of TPS for Venezuelans and Haitians remains in limbo pending final judicial decisions.
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