Posted on 01/30/2026 3:48:30 AM PST by where's_the_Outrage?
A federal appeals court ruled late Wednesday that Department of Homeland Security (DHS) Secretary Kristi Noem acted unlawfully when she ended legal protections allowing hundreds of thousands of Venezuelans to live and work in the United States.
The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found she exceeded her authority when she ended temporary protected status (TPS) for Venezuelans under the Biden-era Venezuela TPS designations, according to The Associated Press. All three judges on the panel were nominated by Democratic presidents.
The ruling comes as the Trump administration has argued that TPS for Venezuela created a "magnet effect" for illegal migration and undermined border enforcement. TPS shields eligible migrants from deportation and allows them to work legally in the United States while conditions in their home country are deemed unsafe.
The panel also upheld the lower court’s finding that Noem exceeded her authority when she moved to end TPS early for hundreds of thousands of people from Haiti.
The judges ruled that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation.
"The statute contains numerous procedural safeguards that ensure individuals with TPS enjoy predictability and stability during periods of extraordinary and temporary conditions in their home country," Ninth Circuit Judge Kim Wardlaw, who was nominated by President Bill Clinton, wrote for the panel.
Wardlaw said Noem’s "unlawful actions have had real and significant consequences" for Venezuelans and Haitians in the United States who rely on TPS.
"The record is replete with examples of hard-working, contributing members of society — who are mothers, fathers, wives, husbands, and partners of U.S. citizens, pay taxes, and have no criminal records — who have been deported or detained after losing their TPS
(Excerpt) Read more at foxnews.com ...
Dear FRiends,
We need your continuing support to keep FR funded. Your donations are our sole source of funding. No sugar daddies, no advertisers, no paid memberships, no commercial sales, no gimmicks, no tax subsidies. No spam, no pop-ups, no ad trackers.
If you enjoy using FR and agree it's a worthwhile endeavor, please consider making a contribution today:
Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you,
Jim
The Biden Admin had a congress that would pass legislation that helped them destroy America. It's a real shame that Trump does not have a congress that is willing to help him do anything.
Aside from Alito and Thomas, the SC is a clown show of idiots and substance abusers.
The most reversed federal court in the country. Give it time.
CC
Go after the do gooder plaintiffs and tie them up in courts. Sedition charges will be a good start.
And charge miccould byrd with murder while you’re at it.
Didn’t we already have a ruling that these can only apply to those who petitioned and not to a whole class? Didn’t the Supreme Court state that or does it not apply here.
It can go to USSC now.
I thought they did.
“The most reversed federal court in the country. Give it time.”
You’re right - the 9th U.S. Circus Court of Appeals IS the most reversed circuit court.
Passed by congress, signed by the autopen. But somehow upheld by the commie 9th circuit. When does this end? What will it take. I think I know, but I shouldn’t write it down.
If an executive action can be used to EXTEND Temporary Protective Status to a particular nationality-group, then it logically, and legally, be used to “REMOVE” Temporary Protective Status. But then we know that Democrat judges are almost always ruling according to the situation.
Because 9th Circus.
“The judges ruled that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation.”
Then who does have that power?
9th circuit isnt a real appellate.
Too many kangaroos.
Trump is good, but we need Pinochet.
According to situation AND what furthers the communist- globalist cause. (Or possibly what gets them a nice bonus into their Cayman or Canadian or Bitcoin accounts)
Legality under the US Constitution? Justice? Forget about it, those are silly old fashioned notions.
..the most overturned Appellate Court in the Nation.
When a sitting judge, a liberal female of course, justifies her decision by yammering about “these are mothers and fathers, hard working citizens etc…,” you know that jurisprudence has left the building, replaced by “empathy.”
The SCOTUS is not subject to the vaunted 9th circuit court of appeals. /s
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.