A federal appeals court said DHS Secretary Kristi Noem acted illegally when she ended legal protections giving hundreds of thousands of people from Venezuela permission to live and work in the U.S.
A federal appeals court ruled late Wednesday that the Trump administration acted illegally when it ended legal protections that gave hundreds of thousands of people from Venezuela permission to live and work in the United States.
A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court ruling that found Homeland Security Secretary Kristi Noem exceeded her authority when she ended temporary protected status for Venezuelans. The decision, however, will not have any immediate practical effect after the U.S. Supreme Court in October allowed Noem's decision to take effect pending a final decision by the justices. An email late Wednesday night to the Department of Homeland Security was not immediately returned. The 9th Circuit panel also upheld the lower court's finding that Noem exceeded her authority when she decided to end TPS early for hundreds of thousands of people from Haiti. A federal judge in Washington is expected to rule any day now on a request to pause the termination of TPS for Haiti while a separate lawsuit challenging it proceeds. The country's TPS designation is scheduled to end on February 3. Ninth Circuit Judges Kim Wardlaw, Salvador Mendoza, Jr. and Anthony Johnstone said in Wednesday's ruling that the TPS legislation passed by Congress did not give the secretary the power to vacate an existing TPS designation. All three judges were nominated by Democratic presidents. '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,' 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,' she wrote. Temporary Protected Status, or TPS, authorized by Congress as part of the Immigration Act of 1990, allows the Homeland Security secretary to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other 'extraordinary and temporary conditions' that prevent a safe return to that home country. Designations are granted for terms of six, 12 or 18 months, and extensions can be granted so long as conditions remain dire. The status prevents holders from being deported and allows them to work but does not give them a path to citizenship. In ending the protections, Noem said conditions in both Haiti and Venezuela had improved and that it was not in the national interest to let immigrants from the two countries stay on for what is a temporary program. Millions of Venezuelans have fled political unrest, mass unemployment and hunger. The country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government. Haiti was first designated for TPS in 2010 after a catastrophic magnitude 7.0 earthquake killed and wounded hundreds of thousands of people and left more than 1 million homeless. Haitians face widespread hunger and gang violence. Mendoza wrote separately that there was 'ample evidence of racial and national origin animus' that reinforced the lower court's conclusion that Noem's decisions were 'preordained and her reasoning pretextual.' 'It is clear that the Secretary's vacatur actions were not actually grounded in substantive policy considerations or genuine differences with respect to the prior administration's TPS procedures, but were instead rooted in a stereotype-based diagnosis of immigrants from Venezuela and Haiti as dangerous criminals or mentally unwell,' he wrote. Attorneys for the government have argued the secretary has clear and broad authority to make determinations related to the TPS program and those decisions are not subject to judicial review. They have also denied that her actions were motived by racial animus.
Kristi Noem United States Department Of Homeland Security
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Fetterman calls for Trump to ‘immediately fire’ DHS Secretary Kristi NoemFetterman urged Trump: 'DO NOT make the same mistake President Biden made for not firing a grossly incompetent DHS Secretary.'
Read more »
DHS Secretary Kristi Noem under scrutiny as Bovino exits MinnesotaA day after the demotion of Border Patrol Commander Greg Bovino and his expected departure from Minnesota, Department of Homeland Security Kristi Noem is also under internal scrutiny, sources tell CBS News.
Read more »
Fetterman Urges Trump to Fire DHS Secretary Noem, Citing Biden's 'Mistake'Senator Fetterman calls on Donald Trump to fire DHS Secretary Kristi Noem, criticizing her handling of recent events and drawing parallels to a past action by President Biden. Additional news includes a Bucks County tragedy and school closures due to weather.
Read more »
John Fetterman urges Trump to fire Kristi Noem as DHS secretary: ‘Americans have died’Sen. John Fetterman urged President Donald Trump to fire Homeland Security Secretary Kristi Noem after the deaths of Renee Good and Alex Pretti.
Read more »
Trump addresses requests to fire DHS Secretary Kristi Noem with one-word responseTrump defends DHS Secretary Kristi Noem following the fatal shooting of Alex Pretti
Read more »
Republican senators call for Kristi Noem to resign as DHS secretaryJulie Tsirkin is a correspondent covering Capitol Hill and the White House.
Read more »