The Ninth Circuit Court of Appeals ruled the Termination of Venezuela and Haiti’s TPS designations was unlawful. The court explained that the Department of Homeland Security (DHS) exceeded its authority when it voided both countries’ designations. Additionally, the court explained the parameters of the TPS program don’t grant the DHS termination powers.

TPS Overview

Temporary Protected Status (TPS) grants nationals of specific countries protection from detention and removal. TPS designations last for six, twelve, or eighteen months. The Secretary of Homeland Security decides on renewing the designation at least sixty days before it expires. In 2025, the DHS terminated TPS designations for both Haiti and Venezuela.

Court Decision

The Circuit Court ruled that the DHS erred in terminating both countries’ TPS status. The Temporary Protect Status, or d8 U.S.C. § 1254a, doesn’t give the DHS secretary termination powers outside of standard procedures. Under this policy, the secretary’s terminations for Venezuela and Haiti can’t stand.

The DHS must adhere to the statutory requirements of the TPS program. The DHS Secretary can’t just terminate TPS status without conducting the proper statutory review or analyzing the conditions of the affected countries. Any TPS termination requires factual evidence of the country’s conditions improving.

Additionally, the court explained termination of TPS for Venezuela and Haiti caused significant disruption for beneficiaries. These disruptions included loss of work authorization, jobs, housing stability, detention and removal. The court explained these outcomes conflict with Congress’ original intent for the program too.

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