The Ninth Circuit Court of Appeals affirmed a district court decision blocking Department of Homeland Security Secretary Kristi Noem's termination of Temporary Protected Status for Venezuela and partial vacatur of Haiti's TPS designation, ruling that the secretary exceeded her statutory authority under federal immigration law.
In an opinion filed Tuesday and authored by Circuit Judge Kim McLane Wardlaw, the three-judge panel upheld U.S. District Judge Edward M. Chen's finding that Secretary Noem's actions violated the TPS statute and constituted arbitrary and capricious decision-making under federal administrative law.
The case, *National TPS Alliance v. Noem*, involved a challenge brought by the National TPS Alliance along with individual TPS beneficiaries including Mariela Gonzalez, Freddy Arape Rivas, and several other Venezuelan nationals who sought to protect their immigration status. The plaintiffs argued that Noem's decision to vacate and terminate Venezuela's TPS designation would leave thousands of Venezuelan nationals vulnerable to deportation despite ongoing crisis conditions in their home country.
Temporary Protected Status is a federal immigration program that provides temporary relief from deportation for nationals of countries experiencing armed conflict, natural disasters, or other extraordinary circumstances that make return unsafe. Congress created the program to offer "stability, predictability, and a brief reprieve from deportation to qualifying citizens of designated countries," according to the court's opinion.
However, the protection comes with limitations. TPS designations are guaranteed for no more than 18 months at a time under federal law, and the Secretary of Homeland Security holds "significant discretion and authority in designating, extending, and terminating" TPS designations according to the statute at 8 U.S.C. § 1254a.
The district court in the Northern District of California had previously ruled that Secretary Noem's actions exceeded her statutory authority under the TPS statute and violated the Administrative Procedure Act's prohibition against arbitrary and capricious agency action. Judge Chen set aside both the Venezuelan TPS termination and the partial vacatur of Haiti's TPS designation.
On appeal, the Ninth Circuit panel considered whether the district court correctly interpreted the scope of the secretary's authority under the TPS statute and whether Noem's decision-making process met federal administrative law standards. The case was argued and submitted on January 14, 2026, in Pasadena, California, before Circuit Judges Kim McLane Wardlaw, Salvador Mendoza Jr., and Anthony D. Johnstone.
The appeals court's affirmance means that Venezuelan TPS beneficiaries will continue to receive protection from deportation while the underlying conditions in Venezuela remain unsafe for return. The ruling also protects affected Haitian nationals from the partial vacatur of their country's TPS designation.
Circuit Judge Salvador Mendoza Jr. filed a concurring opinion, though the specific details of his concurrence were not included in the available court documents.
The decision represents a significant victory for immigration advocates who argued that terminating Venezuela's TPS designation would force thousands of individuals to return to a country experiencing severe political instability, economic collapse, and humanitarian crisis. Venezuela has faced ongoing political turmoil, hyperinflation, and widespread shortages of food and medicine that have led millions of Venezuelans to flee their homeland.
The TPS program has been a frequent subject of litigation in recent years as different administrations have taken varying approaches to designating and terminating countries' protected status. Courts have increasingly scrutinized agency decisions to ensure they comply with statutory requirements and proper administrative procedures.
For the affected individuals named in the lawsuit, the ruling provides continued protection from removal proceedings and maintains their ability to work legally in the United States. TPS beneficiaries are eligible for employment authorization and protection from detention based on their immigration status.
The case highlights ongoing tensions over immigration policy and the executive branch's authority to make determinations about which countries warrant temporary protection for their nationals. While the secretary retains broad discretion under the TPS statute, courts have emphasized that this authority must be exercised within statutory bounds and with adequate justification.
The Ninth Circuit's decision is likely to influence future challenges to TPS determinations and reinforces judicial oversight of administrative immigration decisions. The ruling emphasizes that even when agencies possess significant discretionary authority, they must operate within the statutory framework established by Congress and follow proper administrative procedures.
The case number is 25-5724, appealing from District Court case 3:25-cv-01766-EMC. The opinion was filed for publication, meaning it will serve as binding precedent for future cases within the Ninth Circuit's jurisdiction, which covers California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, and Hawaii.