US Federal Appeals Court Blocks End of Venezuelan TPS
The unanimous decision by three judges on the Ninth Circuit Court of Appeals upheld a lower court's ruling that temporarily halted the government's cancellation of TPS for Venezuelans while legal disputes continue.
The court concluded that Homeland Security Secretary Kristi Noem did not have the legal authority to revoke or rescind a previous TPS extension granted under former President Joe Biden's administration.
The judges underscored that Congress intended for the TPS program to provide stable and predictable protections, unaffected by political shifts or election cycles.
The Trump administration ended the protections shortly after taking office, arguing that the situation in Venezuela had improved.
However, the court pointed out that the abrupt termination conflicted with the statute’s clear wording and intent, which allows TPS designations for six, twelve, or eighteen months.
The court ruled that the plaintiffs had shown a strong chance of winning the case and that the termination of TPS would cause irreparable harm to the beneficiaries. It also concluded that public interest supported the delay.
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