The US Court of Appeals for the Ninth Circuit affirmed a lower court’s decision finding that DHS unlawfully stripped Haitians and Venezuelans of Temporary Protected Status (TPS) in violation of the Administrative Procedure Act. The three-judge panel found that the statute does not allow DHS Secretary Kristi Noem to vacate protections issued by the Biden administration.
Background:
- The Ninth Circuit is the first circuit court to rule on the Trump administration’s efforts to end TPS.
- However, because the Supreme Court issued an emergency order allowing the administration to end protections while TPS litigation is appealed, TPS holders may still lose status during the appeal.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.