NEW YORK, NY (Fox News) — Federal Appeals Court Rules DHS Secretary Noem Acted Unlawfully in Ending Protections for Venezuelans

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.

Key Facts

The decision upheld a lower court ruling stating that Noem exceeded her authority when she ended temporary protected status (TPS) for Venezuelans. The panel also found that she exceeded her authority when she moved to end TPS early for Haitians.

A federal appeals court ruled late Wednesday that Homeland Security Secretary Kristi Noem acted unlawfully when she ended legal protections allowing hundreds of thousands of Venezuelans to live and work in the United States. (Getty Images/Alex Brandon)

The judges stated that the TPS legislation did not give the secretary the power to vacate an existing TPS designation. The decision will not have any immediate practical effect due to a previous decision by the U.S. Supreme Court.

Implications

Noem’s termination meant that over 268,000 Venezuelans in the U.S. lost their legal status, with termination effective on November 7, 2025. The decision has been criticized for its impact on vulnerable immigrants.

Venezuelan migrants flown from Guantánamo Bay via Honduras walk up a ladder after arriving on a deportation flight at Simon Bolivar International Airport in Maiquetia, La Guaira State, Venezuela, Feb. 20, 2025. (REUTERS/Leonardo Fernandez Viloria)

Final Thoughts

The court’s decision to uphold the ruling against Noem highlights the challenges faced by vulnerable populations in the U.S. The case underscores the importance of fair and lawful treatment of immigrants in the country.